Journal articles: 'United States. Federal Labor Relations Authority' – Grafiati (2024)

Abstract:

Disputes with foreign policy implications have often been brought to the federal courts. These cases call attention to the tension between the authority of the political branches to conduct the foreign relations of the United States and the authority of the courts to render judgments according to the law. How this tension is resolved, in turn, bears directly on the commitment of the United States to the rule of law.

Abstract:

Using case studies of labor’s interaction with Uber in the United States, the author investigates how legal relations between cities and states affect labor relations models. The case studies demonstrate a persistent dilemma for labor actors outside the National Labor Relations Act: While local regulations might be more politically accessible, these interventions are also more legally vulnerable to state and federal preemption attempts. The implications of this common dilemma are explored through the struggles of unions and labor actors with Uber in New York City, Seattle, and California. The case studies show that city–state relations affect both how innovative and how assertive a local labor relations model can afford to be. These findings can influence broader discussions about ossification and power outside traditional labor relations frames.

Abstract:

A hotly debated issue raised in this publication’s October 1986 Agora and, repeatedly, during the drafting of the Restatement of Foreign Relations Law of the United States (Revised) has to do with the relationship between customary international law and federal law in the United States. Most of the debate addressed whether a newly emerged custom would supersede an earlier federal statute or self-executing treaty. The reporters of the Restatement took a strong stand at first, placing custom on the same plane as federal statutes and self-executing treaties: in case of conflict, the latest in time should prevail. Criticism rolled in, and the reporters eventually retreated a bit. The final version says only that since custom and international agreements have equal authority in international law, and both are law of the United States, “arguably later customary law should be given effect as law of the United States, even in the face of an earlier law or agreement, just as a later international agreement of the United States is given effect in the face of an earlier law or agreement.”’

Abstract:

Plaintiffs, Sperry Corp. and Sperry World Trade Inc. (Sperry), received an award from the Iran-United States Claims Tribunal (Tribunal). Upon payment of the award, the United States deducted 2 percent of the total amount pursuant to a directive license issued by the Secretary of the Treasury regarding recovered claims by U.S. nationals against Iran. When plaintiffs challenged the authority of the Treasury to make the deduction and the United States Claims Court announced a preliminary ruling that concurred with plaintiffs’ position, the Executive persuaded Congress to approve legislation authorizing specified percentages to be deducted by the United States from Tribunal awards to U.S. citizens. Responding to the plaintiffs’ challenge to the constitutionality of the newly enacted statute, the United States Claims Court dismissed the suit and, on appeal, the United States Court of Appeals for the Federal Circuit (per Meyer, J.) reversed and held: that the deduction constitutes a taking without compensation in violation of the Fifth Amendment to the United States Constitution. In September 1988, the United States filed notice of appeal with the Supreme Court.

Abstract:

The international law community has heavily criticized the United States’ handling of the Breard case. These criticisms are understandable. Perhaps because of the rush of time, the explanations by the Department of Justice and the Supreme Court for failing to stop Breard’s execution brushed over important issues of domestic and international law. In addition, Virginia’s decision to proceed with the execution, and the federal Government’s decision not to block it, may have reflected insufficient respect for international law and institutions. These decisions may also adversely affect U.S. relations with other nations and weaken consular protection of U.S. citizens abroad. These criticisms, however, tell only part of the story. In particular, they do not consider countervailing considerations grounded in the Constitution’s allocation of authority between the federal and state governments.

Abstract:

Abstract The placement of Indigenous girls and young women in white homes to work as servants was a key strategy of official policy and practice in both the United States and Australia. Between the 1880s and the Second World War, under the outing programs in the U.S. and various apprenticeship and indenturing schemes in Australia, the state regulated and constructed relations between Indigenous and white women in the home. Such state intervention not only helped to define domesticity in a modern world, but was integral to the formation of the modern settler colonial nation in its claims to civilizing authority in the United States and Australia. In the context of settler colonialism, domesticity was not hegemonic in this period, but rather was precarious and uncertain. By prescribing and demanding from employers demonstrations of domesticity, the state was engaged in perfecting white women as well as Indigenous women, the latter as the colonized, to be domesticated, and the former as the colonizer, to domesticate.

Abstract:

Less than two years after Justice Harlan Fiske Stone reportedly advised Franklin Roosevelt's secretary of labor that “You can do anything under the taxing power,” the U.S. Supreme Court ruled in U.S. v. Butler that Congress had no authority to create a system whereby farmers would receive subsidies for limiting production, with the funds coming from a tax on basic commodities. While Stone, along with Brandeis and Cardozo, voted to uphold this feature of the Agricultural Adjustment Act, a majority led by Justice Owen J. Roberts declared that this particular scheme of taxing and spending interfered with the reserve powers of the states to control local manufacturing and agriculture. Roberts cited the great nationalist Joseph Story for the proposition that “the Constitution was, from its very origin, contemplated to be a frame of a national government, of special and enumerated powers, and not of general and unlimited powers.… A power to lay taxes for the common defence and general welfare of the United States is not in common sense a general power. It is limited to those objects. It cannot constitutionally transcend them.” The AAA was “a scheme for purchasing with federal funds submission to federal regulation of a subject reserved to the states. … If the Act before us is a proper exercise of the federal taxing power, evidently the regulation of all industry throughout the United States may be accomplished by similar exercise of the same power.”

Abstract:

The article focuses on a healthcare reform, one of the pillars of Barack Obama’s presidency. The author argues that the reform was driven by social considerations, and the goal was to make the American healthcare system more just by implementing universal mandatory health insurance. The author analyses how implementation of Obama’s reform has turned into an arduous process, and why the enactment of some of its regulations were postponed. The article examines why some of the new regulations have already begun to function, while others are due to begin in 2018 and 2020. In 2014 the reform entered its critical phase, as its most controversial element on mandatory health insurance for all Americans came into effect. Failure to comply is met with the fine, while citizens with low incomes can rely on state support. Opponents of the reform are still undertaking efforts to eliminate the universal health insurance requirement. The author comes to the conclusion that despite the challenges Obama has already made the pages of history as the president who succeeded in implementing universal health insurance. One of his greatest achievements has been the triumph over many of the healthcare reform’s opponents as he wrote the reform into law in the spring of 2010. All previous attempts to reform the national system had been met with failure due to conservative resistance. The controversy around this topic stems from many Americans’ understanding of fundamental values. The central point of debate is not about the American healthcare system, but rather about what kind of country the United States of America will be in the 21st Century. Democrats believe that the reform will make the country more just, while their opponents fear that the USA will turn into a welfare state with less freedom and more control of federal authority.

Abstract:

This important new study argues that American labor markets have been and are governed by employers to a degree unique among Western capitalist democracies; that this pattern of governance is the outcome of crucial struggles among unions, employers, and middle-class labor reformers from the Civil War to the New Deal; and that American political institutions strongly shaped the struggles and their outcome. In the nineteenth century, all Western countries largely protected employer control of hiring, firing, wages, hours, and working conditions, but in the twentieth century nations other than the United States began to curb employer prerogatives and extend worker protection in the form of labor regulations, trade union and collective bargaining laws, public management of labor supply and demand, and work insurance (the four major types of policy in Robertson's framework). In the United States, fewer such protections were established, and the fragmented federal and state labor policies that were enacted were often undermined by lax enforcement or court rulings. On the eve of the New Deal, Robertson shows, U.S. employers had a degree of autonomy in labor markets unparalleled in European and other industrialized countries.

Abstract:

Abstract Focusing on immigration in the 1920s, we trace the history of efforts made on behalf of intellectually disabled children who entered the United States on bond during World War I and were subsequently given orders of deportation. Thanks to the activism of community members and ethnic organizations who brought federal lawsuits on their behalf and reached out to Congress and to Presidents Harding and Coolidge, the Immigration Act of 1924 permitted the secretary of labor to allow these young people to remain in the United States. We suggest the need to reconsider the chronology of activism on behalf of the disabled and argue that community skepticism about deportation deserves greater exploration. Finally, we note the challenges to medical authority posed by supporters of the intellectually disabled. Our analysis focuses on the example of Paula Patton, an intellectually disabled girl, and on Clara Kinley, the community activist who supported Paula’s effort to avoid deportation.

Abstract:

The subject of this research is the legal regulation of exploitation of underground resources in the United States, while the object is the relations of subsoil usage. The author examines the system and structure of the federal executive branches that maintain the development of mineral deposits in the United States, including their functions and authority, highlighting the United States Department of the Interior and its regional branches. Special attention is given to constitutional framework of natural resource management, ownership rights to land and subsoil, its classification in causality with administration of subsoil usage, as well as centralization of the U.S. state natural resource management mechanism. The research is based on the relevant legal sources, works and theses of the Russian and foreign scholars on the subject matter. The author systematizes the information valuable for organization of the national subsoil usage; excludes the possibility of foreign influence upon the lawmaking in Russian through determining unfavorable norms and methods of economic regulation, namely with regards to subsoil management in the constituent entities. The article contains both, new records and previous data, which is constantly being updated. The author’s recommendation of introduction in the Russian Federation of the list of “cooperating countries” may serve as an effective instrument of economic policy.

Abstract:

Among the puzzling aspects of the Breard episode was the Clinton administration’s claim that the decision whether or not to comply with the Order of the International Court of Justice requiring the postponement of Breard’s execution lay exclusively in the hands of the Governor of Virginia. The ICJ’s Order provided that “[t]he United States should take all measures at its disposal to ensure that Angel Francisco Breard is not executed pending the final decision in these proceedings.” The Clinton administration argued that the Order was not binding, but it also took the position that, even if the order were binding, there would be no authority in the federal Government to require a postponement of the execution. As the administration explained to the Supreme Court:

Abstract:

The most remarkable recent development in EU administrative law is the widespread establishment of European agencies. Beginning in the early 1990s, EU agencies emerged as significant actors in a number of areas, including trademark law, pharmaceutical licensing and aviation safety. EU agencies are best understood, however, not as autonomous regulators at the federal level, but as the most recent expression of European governance through administrative networks. The regulatory intertwining of supranational and national authorities in the EU is significantly different from the division of authority between federal and state bureaucracies in the United States federal system Hence, the accountability of European agencies to the EU and to Member States has unique features that can be traced to the dynamics of European integration. Accountability is largely a function of networked institutional relations that link European administrative entities to both supranational and national forums of accountability This article concentrates on the second form of accountability through an in-depth exploration of the way Member States oversee EU agencies. Oversight, here, covers monitoring, hearings, budgetary reviews or judicial actions, as well as procedural constraints.

Abstract:

The United States’ position in, and conduct of, the negotiations leading to the Paris Agreement, as with almost all international diplomacy leading to reciprocal international undertakings conducted by that country, reflected not only internal politics, but also the constraints of domestic law. The United States is not unique in this respect, but it is unusual in the extent to and manner in which its municipal law constrains the creation of international commitments. This article disaggregates us international and domestic climate policy as it developed prior to the Paris negotiations and analyses how those dynamics played out on the multilateral stage, influencing the shape of the Paris Outcome, even to the name of the instrument. Among the subjects analysed are (1) the extent of the Executive’s powers in foreign relations on climate and related issues; (2) the strengths and limitations of existing federal legislation as domestic legal authority for an international agreement on limiting emissions of climate-disrupting gases; (3) domestic implementation of the us indc; (4) executive agreements as vehicles for undertaking internationally legally binding commitments on climate; and (5) the role of the courts.1

Abstract:

In this timely new book, Shane Hamilton offers a compelling account of the politics of long-haul trucking in the postwar United States and, in particular, its contribution to the rise of economic conservatism by the end of the 1970s. This work, exhaustive in its research, explains a range of critical developments in twentieth-century political economy from the perspective of trucking: from the struggles within and between various federal agencies over farm, labor and consumption policies; to advances in truck design, highway construction, refrigeration, and food packaging technologies; to the cultural development of a trucking genre within country music and Hollywood films.

Abstract:

The most striking feature of the Supreme Court's decision in United States v. Curtiss-Wright Export Corp. is its language asserting an independent and exclusive executive foreign affairs power. As “the sole organ of the federal government in the field of foreign relations,” the Court declared, the executive holds “very delicate, plenary and exclusive power” that “does not require as a basis for its exercise an act of Congress.” From the day the case was decided, it has stood as a preeminent authority for those who would magnify the constitutional role of the president by proclaiming the independent and unchecked nature of the executive's foreign affairs power.

Abstract:

Peter Alexander Speek arrived in the United States in the fall of 1908 at the age of 35, “having in my pocket only 4c and knowing hardly more English words.” A leader of revolutionary activities against Russian rule in his native Estonia, Speek came to the U.S. a committed socialist intent on developing worker awareness and leading the class struggle. After two years in New York, Speek traveled to the West Coast, entered the graduate program i n economics at the University of Wisconsin, and worked two years as an investigator for the United States Commission on Industrial Relations (CIR). During his time with the CIR, Speek traveled widely across the United States, “visiting labor camps, cheap city lodging houses, gatherings of hoboes and tramps in so-called ‘jungles’, interviewing employers and various public agencies.” Speek wrote dozens of reports during these investigations that served as the foundation for official CIR policy recommendations and for a series of popular press articles on current migratory conditions. In doing this work, Speek became a recognized authority on migratory labor issues. Reference to Speek's reports can be found in studies of early-twentieth-century migratory labor conditions, but a specific evaluation of Speek and of his contributions has not been written. Speek's work for the CIR is of interest because of its subject matter and its comprehensive coverage. Speek's work is also of interest because it was during this period that Speek rejected his revolutionary socialism and became a structural reformer, accepting the basic U.S. economic and political system and working to improve the details of its institutions.

Abstract:

Robert Rodgers Korstad's dramatic story of tobacco workers in Winston-Salem, North Carolina, during the 1940s and 1950s, reveals the intricate connections between a local struggle for better wages and working conditions and the broader fight for racial democracy and civil rights. On June 17, 1943, a group of black women at the Reynolds Tobacco plant stopped work, rejecting the authority of a dictatorial white foreman and expressing long-simmering anger over speed-ups, dangerous working conditions, and unjust wages. With the help of organizers from the left-leaning United Cannery, Agricultural, Packing, and Allied Workers of America (UCAPAWA), hundreds of black (and a few white) workers at Reynolds built Local 22 of the Food, Tobacco, Agricultural, and Allied Workers of America (FTA-CIO). Korstad eloquently tells us how the FTA succeeded. He points to the temporary convergence of factors, an active federal government in labor relations, the labor movement's aggressive Southern Front, and the move in the urban South toward white supremacy with “a lighter touch” (376) that created a moment of extraordinary opportunity for “working-class blacks [who], through their participation in the labor movement, were in the vanguard of civil rights efforts of the 1940s.”(422)

Abstract:

This article reviews topical issues of the US occupational safety legislation. The author highlights the following development stages for the legislative rules on occupation safety in the USA: 1) creation of the US occupational safety legislation in XIX century; 2) the US occupational safety legislation in XX century; 3) the US legislative rules on occupational safety adopted in XXI century. Special attention is paid to international standards on occupational safety and health, constitutional frameworks, federal and regional legislation on occupational safety. The US Occupational Safety and Health Act of 1970 is analyzed in depth: the adoption purpose, its scope, rights and obligations of employees and employers in the occupational safety sphere, responsibility for the violation of the occupational safety standards. The author groups all US states with regard to the legislative regulation on occupational safety relations as follows: 1) states where regional laws apply to the employees of private and state organizations; 2) states where regional acts are adopted only in public sector, while the US Act of 1970 is in effect in private sector; 3) states, where there are no special regional legislative acts and the US Act of 1970 is in force. The methodological framework of the research includes comparative and legislative analysis of the occupation safety legislation, which is one of the most important methods of the juridical science that allows identifying common pattern of legal development of the state for the purpose of theoretical understanding of various legal phenomena, as well as the necessity to resolve practical tasks facing not only national systems, but also the international community. Scientific novelty of the research involves highlighting the system of the US occupational safety legislation, which, being part of a labor legislation, represents a set of legislative acts that regulate the relations on ensuring the employees’ lives and health in the process of engaging in labor activity. At the same time considering the issues on occupational safety legislation of two federal states — the Russian Federation and the United States of America, with reference to each other and in comparison, can allow taking into account and summarizing the experience of the two leading countries in the development and adoption of new regulatory acts that deal with occupational safety both inside the state — on the federal and regional levels, and on various levels of international legal regulation of labor.

Abstract:

A federal grand jury investigating possible criminal violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. §§ 1961 — 1968 (1982)) (RICO) by former Philippine President Ferdinand Marcos and his wife issued subpoenas requiring the Márcoses to provide handwriting and voice exemplars and fingerprints, and to sign forms authorizing the release of confidential banking records. The Márcoses refused to comply with the subpoenas and were held in civil contempt. On appeal, the U.S. Court of Appeals for the Second Circuit (per Cardamone, J.) affirmed the contempt order and held that (1) the current Government of the Philippines had effectively waived whatever head-of-state immunity the Márcoses might have otherwise enjoyed; (2) United States law governed the Márcoses’ privilege against self-incrimination, rather than the arguably broader provisions of Philippine law; and (3) the trial court had the authority to enforce the grand jury’s order requiring the Márcoses to waive foreign financial secrecy laws.

Abstract:

Since 1945, US judges have extended numerous “domestic” US laws (including securities and antitrust laws) to govern economic transactions taking place “abroad”. However, they have generally failed to extend US labor and employment laws to govern employer–employee relationships outside “US territory”. Through a close reading of federal court decisions and drawing on recent work in the field of critical legal studies, this article makes an argument for centering the study of jurisdiction in International Relations scholarship and for approaching states as instantiated in their jurisdictional assertions. I suggest that such an approach enables us to capture the geographies—including the imperial geographies—of US law in the “normal,” everyday course of affairs. In particular, such an approach allows us to see that, since the mid-20th century, the legal authority and legal relations of the US government have come to be organized around the notion of the national economy (rather than simply around, for example, notions of territory or citizenship). What this means is that it is increasingly a posited relationship to this national economy that determines whether people and corporations, wherever in the world they are located, are subjected to or protected by US law.

Abstract:

Commerce and manufactures can seldom flourish long in any state which does not enjoy a regular administration of justice, in which the people do not feel themselves secure in the possession of their property, in which the faith of contracts is not supported by law, and in which the authority of the state is not supposed to be regularly employed in enforcing the payment of debts from all those who are able to pay. Commerce and manufactures, in short, can seldom flourish in any state in which there is not a certain degree of confidence in the justice of government.Adam Smith, The Wealth Of NationsBook y Chapter III, p. 862Economic relations between the United States and Central and South America are pervasive, complicated and ever changing. The nature of these relations, i.e., conflict, cooperation or neutrality in settling issues, depends on the degree and the form in which their respective markets for inputs (labor, land, capital and technology), outputs (goods and services), financial assets and unilateral transfers interact. These relations evolve around and arise from the movement of people, goods, services and financial assets between the North and the South, and within the South.

Abstract:

Patrick Conroy, the secretary-treasurer of the Canadian Congress of Labour (CCL) from 1941 to 1951, was not someone who gave up easily. As a friend observed, the Scottish-born coal miner was a committed trade unionist whose “moral certitude was admirable and… one of his great strengths.” In late 1942, however, Conroy seemed ready to call it quits on the CCL's campaign to win a national collective-bargaining policy in Canada. Since its inception in September 1940, the Congress, which represented most of the industrial unions in the country, had pushed hard for a comprehensive labor policy like the National Labor Relations or Wagner Act in the United States, which protected and advanced the rights of workers. But the Liberal government of Prime Minister Mackenzie King repeatedly refused to move beyond a turn-of-the-century conciliatory framework that emphasized moral suasion and compromise. In late 1942, when a regional organizer asked Conroy whether a collective-bargaining policy appeared likely in the future, the CCL leader replied: “We do not feel it worthwhile to raise people's hopes when the record of the federal government is as it has been.”

Abstract:

A law can often be a double-edged sword—its mandate or protection of one right will sometimes come at the cost of another. Compounding this problem of unintended consequences is that laws do not operate in a vacuum. Instead, laws interact with other laws, and if they conflict, courts must determine which will prevail. Determining the validity of class-action waivers in employment arbitration agreements will require reconciling the Federal Arbitration Act’s mandate that arbitration agreements be enforced according to their terms against the National Labor Relations Act’s protection of employees’ right to engage in concerted activities for the purpose of mutual aid and protection. The dispute over the validity of these agreements requires courts to determine which law and congressional policy should prevail. The National Labor Relations Board and circuit courts throughout the country have been unable to reach a uniform decision, which has prompted the United States Supreme Court to grant certiorari on a triad of cases concerning this issue. With a decision from the nation’s highest Court expected during the 2017–18 term, this Comment analyzes the background and legal arguments behind these competing statutes to determine how the Court is likely to rule. This Comment concludes that, given the Court’s previous rulings in arbitration and class-action cases and the recent Supreme Court confirmation of Justice Neil Gorsuch, the Court is likely to rule in favor of validating class-action waivers in employment arbitration agreements.

Abstract:

The federal government has a monopoly over the terms of immigration law, and it superintends the nation's singular immigration enforcement bureaucracy. But our federalism nonetheless provides a vital playing field for sharp debates over the status of immigrants in American life. The forms of state and local involvement in immigration policy are varied, but they fall into two basic categories of mutually dependent and re-enforcing policies: enforcement federalism and integration federalism. Whereas enforcement federalism concerns the extent to which localities should assist or resist federal removal policies, integration federalism encompasses measures designed to assist immigrants, regardless of status, to plant roots and acculturate to life in the United States. Both forms of immigration federalism take shape through a wide variety of intergovernmental relations, not only between the federal government on the one hand and states and localities on the other, but also between states and the cities within them — an increasingly important dimension of immigration federalism today. These relations have important legal characteristics, and constitutional and statutory law bring them into being and mediate them. But the nature of any given intergovernmental dynamic will be shaped just as much by a combination of ideology and institutional imperatives. These elements can either unite the center and the periphery in common cause or produce the sort of conflict that has made immigration federalism a high-profile issue for decades. Given the density of the intergovernmental dynamics that shape the country's immigration policy, developing a comprehensive strategy for immigration federalism requires more than a predilection toward or away from centralization of government authority. It requires a clear view on the appropriate metes and bounds of immigration enforcement, as well as a set of beliefs about the proper place in the social order of immigrants with different legal statuses. While this essay remains largely (though not entirely) agnostic on these questions, it offers four basic principles to frame any future federalism agenda. First, when it comes to enforcement federalism, the federal government ought to acknowledge the reasons that localities might resist federal enforcement efforts, at least as a matter of politics, and if only to ensure that federal policy is subjected to accountability checks by competing, external pressures. Second, whatever the value of resistance to enforcement, a federalism agenda should include efforts by all levels of government to identify a manageable equilibrium that reconciles the federal government's constitutional and statutory responsibilities for maintaining an enforcement regime with the local politics of immigration and the lived realities of immigrant communities. Third, when it comes to integration federalism, the problem of illegal immigration must be solved, and only the federal government can do so decisively. Federalism can only mediate the political conflict over status and help set the terms for its ultimate resolution. And yet, the structural reasons that have given rise to integration federalism should re-enforce the country's commitment to locally driven integration policy, supported by a national-level commitment to information sharing, coordination, and resource support. Finally, because both enforcement and integration policy require systemic flexibility, it is important not to confuse arguments on the merits of immigration policy with structural claims. In other words, scholars, advocates, or policymakers should exercise humility and circ*mspection when developing conversation-stopping claims that a certain intergovernmental relation is required by law, especially in a context as charged as immigration policy.

Abstract:

While the 1891 and 1893 Immigration Acts established inspection protocols that remained in place for decades, less is known about how US agents initially translated gatekeeping laws into the durable policy directives that had a profound effect on the migration of working-class people. Before the “qualitative” restriction of specific racial, social, and economic conditions transitioned to a period of “quantitative” or enumerated exclusion by the 1920s, the US government had to establish a structure to carry out the work of exclusion, but this early era of qualitative gatekeeping is less understood. Italian encounters with federal agents at Ellis Island show how the 1891 and 1893 laws empowered the administrative state to carry out the work of exclusion shadowed by the banality of bureaucratic decision-making. The records of the short-lived Office of Labor Information and Protection for Italians (1894–99), the only outpost of a foreign government allowed to operate in the main processing building on Ellis Island, offers a rare snapshot of the gatekeeping process in its crucial early years. Given that Italians were the single largest ethnic group to be processed at Ellis Island over its sixty-two-year history and the primary target of inspectors in the station’s first decade, their experiences with bureaucratic exclusion illuminate how the United States moved to systematically control working-class migration.

Abstract:

Drawing on a collaborative ethnographic study of the 2016 International Union for the Conservation of Nature World Conservation Congress (WCC), we analyze how Indigenous peoples and local community (IPLC) rights advocates have used a rights-based approach (RBA) to advance long-standing struggles to secure local communities' land and resource rights and advance governing authority in biodiversity conservation. The RBA has allowed IPLC advocates to draw legitimacy from the United Nations system—from its declarations to its special rapporteurs—and to build transnational strategic alliances in ways they could not with participatory discourses. Using it, they have brought attention to biodiversity as a basic human right and to the struggle to use, access, and own it as a human rights struggle. In this article, we show how the 2016 WCC provided a platform for building and reinforcing these alliances, advancing diverse procedural and substantive rights, redefining key principles and standards for a rights-based conservation approach, and leveraging international support for enforcement mechanisms on-the-ground. We argue that, as advocates staked out physical and discursive space at the venue, they secured the authority to shape conservation politics, shifting the terrain of struggle between strict conservationists and community activists and creating new conditions of possibility for advancing the human rights agenda in international conservation politics. Nonetheless, while RBAs have been politically successful at reconfiguring global discourse, numerous obstacles remain in translating that progress to secure human rights to resources "on the ground", and it is vital that the international conservation community finance the implementation of RBA in specific locales, demand that nation states create monitoring and grievance systems, and decolonize the ways in which they interact with IPLCs. Finally, we reflect on the value of the Collaborative Event Ethnography methodology, with its emphasis on capturing the mundane, meaningful and processual aspects of policymaking, in illuminating the on-going labor entailed in bringing together and aligning the disparate elements in dynamic assemblages.Keywords: Human rights, global conservation governance, collaborative event ethnography, Indigenous peoples

Abstract:

Existing approaches to risk management in construction procurement primarily dwell on strategies designed for commonly identifiable risk factors in typical project environments. Commonly identifiable risk factors would include too early or late material delivery - a condition typically ameliorated by implementing a Just In Time (JIT) plan; inferior construction materials typically mitigated by employing trusted vendors; or ineffective contractors primarily avoided by the use of experienced contractors. The purpose of this paper is to present a coherent model for procurement risk management for construction and infrastructure development projects within the context of dynamic project environments - complex, or chaotic. For the purpose of this study, a critical risk path activity is one in which a delay of activity completion not only leads to project delay, but does so in a manner that may be fatal to project or at best, far greater than the actual delay. The study incorporates observations and theory with practical application for improving initiatives by emergency infrastructure development response organizations such as FEMA (Federal Emergency Management Agency) and USACE (US Army Corps of Engineers) in the United States, the NEMA (National Emergency Management Agency) in Nigeria, or ANDMA (Afghanistan National Disaster Management Authority) etc. This study presents risk response plans aimed at improving the potential occurrence of positive risk aspects while reducing, or eliminating the same for negative risk occurrences. This study explored material, equipment, and skilled labor procurement strategies related to project risk management from the perspectives of scheduling, cost, and quality - three factors often referred to as the triple project constraints. It identified gaps within specific national and multinational organizations’ approaches, and provided detailed recommendations for process improvements from the procurement management perspective to ensure the potential for successful project outcomes in unstable project conditions.

Abstract:

Abstract It is a commonplace that the Canadian political culture is more “conservative” or “statist” than the American. This trail is usually explained in terms of cultural continuity, the underlying idea being thai Canada was formed from a congeries of cultural fragments which esteemed paternalistic collectivism and deplored American “liberalism” and “individualism,” and that this initial bias, reinforced as it was by fear of the United States, affected even liberal thought. This paper approaches the Canadian political culture from the opposite direction. Focussing on Ontario, it traces Canadian statism to the transformation of Upper Canadian Reform ideology by the contingencies of domestic history. A fundamental inconsistency within Whig constitutionalism — the hegemonic ideology of the English stale and as such the ideological foundation of British rule in Upper Canada — was crucial to that transformation. In proclaiming the existence of indefeasible constitutional principles, but setting no limit to Parliament's power to legislate in derogation of those principles. Whig constitutionalism permitted contradictions between “the constitution” and “the law.” Upper Canadian Reformers were especially sensitive to this inconsistency because of the apparent failure of legally established institutions to function according to constitutional precept. The imperial failure to remedy these functional defects impelled leading Reformers to forsake Whig constitutionalism for the ideology of responsible government. The circ*mstances of the struggle for responsible government fostered the apotheosis of the community and imparted a special authority to the common will as expressed in legislation. This development promoted a drift from constitutionalism towards legalism in relations between the state and the individual, but because it was the provincial, not the “national” community that was thus exalted, constitutionalism remained predominant in federal- provincial relations. The persistence of this cultural dualism is evident from a comparison of the decisions of the Supreme Court of Canada in Morgentaler's cases with its decision in the Patriation Reference.

Abstract:

Lay beliefs about scientist-employer relations may affect public attitudes toward science. A representative sample of US residents characterized scientists’ relations with one of four employers: federal government agency, large business corporation, advocacy group (nonprofit seeking to influence policy), or university. Overall, they held moderate views of how much scientists and employers shared motivations, interests, and values, and of whether employers tried to change—and succeeded in changing—how scientist employees did their scientific work. Judgments differed little across employers. Best predictors of these views were belief in scientific positivism, subjective knowledge of science, and age. These findings suggest scientific authority in the United States is not immediately threatened by public beliefs that employers skew their scientific employees’ work, although that might differ for specific topics or demographic sub-groups.

Abstract:

Abstract Delegation is a well-known feature of policymaking in separation of powers systems. Yet despite the importance of this activity, there is little systematic evidence about how many major laws in the United States actually delegate policymaking authority to administrators in federal agencies. Using a database of agency regulatory activity along with text searches, we examine significant US federal enactments from 1947 to 2016 to see which of these laws delegate to agencies. We find that nearly all major laws—more than 99 percent—contain delegation. We also find that the number of agencies receiving delegation in each law has increased over time.

Abstract:

AbstractSecurity Council Resolution 1244 of 10 June 1999 established a United Nations Interim Administration in Kosovo. The United Nations has thereby assumed exclusive legislative and executive powers over the territory, notwithstanding the fact that the Federal Republic of Yugoslavia still retained title over the territory in question. The present article analyses the current international legal status of Kosovo and the source of United Nations authority to administer the territory, taking into account relevant precedents where international organizations have done so in the past. In addition, the article addresses a number of more specific questions concerning the exercise of direct administering authority by the United Nations and, in particular, the question whether, and if so, to what extent human rights standards are applicable to both the actions of UNMIK and actions undertaken by the international security presence in Kosovo, KFOR. Before outlining a possible scenario for the future, permanent international and constitutional status of Kosovo, two other pertinent questions are also dealt with, i.e. whether UNMIK may represent Kosovo vis-à-vis third states by concluding treaties on behalf of the territory, and whether UNMIK may exercise diplomatic protection with regard to permanent residents of Kosovo.

Abstract:

Abstract Research on firm-level corporate political activity often treats firm-government interactions as independent of the market competition between firms. Yet, firms that compete in the market will consider rivals when making strategic nonmarket decisions. Ignoring market rivalry when studying nonmarket strategy introduces fundamental endogeneity problems and potentially overlooks a central mechanism explaining firms’ political choices. Our study demonstrates this by investigating the strategic nonmarket interactions of large US tobacco manufacturers, a case study that is independently interesting. From 1992 to 2008, the US tobacco industry experienced dramatic upheaval in its business environment as regulatory authority shifted from the state to federal level, under the Food and Drug Administration. Using firm-candidate–cycle data, a complete information campaign contributions game, played in the nonmarket environment, is estimated for two of the United States’ largest tobacco manufacturers. Results demonstrate that, rather than acting in isolation, US tobacco firms strategically coordinated their firm-level political campaign contributions.

Abstract:

Franklin D. Roosevelt’s New Deal is usually treated as an example of successful government regulation of the economy. After Roosevelt’s death, his image was glorified. Until recently, only a few scholars knew the facts forming a completely different image of the New Deal. In this paper, the New Deal programs (regulating industry, agriculture, labor market and financial markets, started by Herbert Hoover) are investigated as a result of a policy which extended the Great Depression. The main lesson is that any attempts to introduce a “New New Deal” can only create negative consequences for the economy. The article examines the actions of the Administrations created by Roosevelt during the Great Depression, which were regulating minimum wages, prices, and level of production. A special role was played by the National Recovery Administration (NRA), which had unprecedented power, combining the executive, legislative and judicial branches of the government. It was an unusually interventionist policy for the United States, which resulted in very slow and painful recovery of the US economy. The Great Depression began as a usual phase of the economic cycle, caused by the credit expansion by the Federal Reserve System, which increased the money supply by 62% from 1921 to 1929. It would have ended in a year, like the crisis of 1921, had it not been for Hoover’s and Roosevelt’s interventionist policies. The American people agreed to the policy of centralization during the Great Depression, because public opinion was prepared for this by intellectuals of the Progressive Era. They were able to convince the public that the Era of the active role of the State had come to the United States. Intellectuals were using their authority to fuel the destructive programs of the New Deal. The glorification of Roosevelt’s image is largely a result of an alliance between the Big State and intellectuals.

Abstract:

Timothy Dunne of Federal Reserve Bank of Cleveland reviews “Wage Structures, Employment Adjustments and Globalization: Evidence from Linked and Firm-Level Panel Data” edited by David Marsden and Francois Rycx. The EconLit Abstract of the reviewed work begins “Eleven papers examine the use of data sets that link the supply and the demand sides of labor markets, providing linked employer-employee data. Papers discuss labor turnover and wage mobility--the impact of the legal setting and institutions (Lorenzo Cappellari); job and worker flows at the firm level (Harald Dale-Olsen); summary of the literature on job displacements in the United States and European Union--what we know and what we would like to know (Till von Wachter); skill mismatch in Europe (Rene Boheim, Iga Magda, and Martina Zweimuller); variability of wages across sectors--how much, why, and the consequences (Francois Rycx); rent sharing--a survey of methodologies and results (Pedro S. Martins); union effects on wages (Alex Bryson); low-wage employment and the role of the firm--an agenda for data and research (Wiemer Salverda); firms compressing the wage distribution (Ana Rute Cardoso); labor market outcomes of internationalization--what we have learned from analyses of microdata on firms and their employees (Tor Eriksson); and development of linked employer-employee data for EU labor market and social policy analysis (Tanvi Desai). Marsden is Professor of Industrial Relations at the London School of Economics and Research Associate at the Centre for Economic Performance. Rycx is Associate Professor of Economics at the Universite Libre de Bruxelles and Research Fellow at the Centre Emile Bernheim, DULBEA, and the Institute for the Study of Labor, Bonn. Index.”

Abstract:

Each community’s title deed carries the indelible blood stains of our ancestors. (Watson, "Howard’s End" 2)IntroductionAccording to the Oxford English Dictionary, the term coalition comes from the Latin coalescere or ‘coalesce’, meaning “come or bring together to form one mass or whole”. Coalesce refers to the unity affirmed as something grows: co – “together”, alesce – “to grow up”. While coalition is commonly associated with formalised alliances and political strategy in the name of self-interest and common goals, this paper will draw as well on the broader etymological understanding of coalition as “growing together” in order to discuss the Australian government’s recent changes to land rights legislation, the 2007 Emergency Intervention into the Northern Territory, and its decision to use Indigenous land in the Northern Territory as a dumping ground for nuclear waste. What unites these distinct cases is the role of the Australian nation-state in asserting its sovereign right to decide, something Giorgio Agamben notes is the primary indicator of sovereign right and power (Agamben). As Fiona McAllan has argued in relation to the Northern Territory Intervention: “Various forces that had been coalescing and captivating the moral, imaginary centre were now contributing to a spectacular enactment of a sovereign rescue mission” (par. 18). Different visions of “growing together”, and different coalitional strategies, are played out in public debate and policy formation. This paper will argue that each of these cases represents an alliance between successive, oppositional governments - and the nourishment of neoliberal imperatives - over and against the interests of some of the Indigenous communities, especially with relation to land rights. A critical stance is taken in relation to the alterations to land rights laws over the past five years and with the Northern Territory Emergency Intervention, hereinafter referred to as the Intervention, firstly by the Howard Liberal Coalition Government and later continued, in what Anthony Lambert has usefully termed a “postcoalitional” fashion, by the Rudd Labor Government. By this, Lambert refers to the manner in which dominant relations of power continue despite the apparent collapse of old political coalitions and even in the face of seemingly progressive symbolic and material change. It is not the intention of this paper to locate Indigenous people in opposition to models of economic development aligned with neoliberalism. There are examples of productive relations between Indigenous communities and mining companies, in which Indigenous people retain control over decision-making and utilise Land Council’s to negotiate effectively. Major mining company Rio Tinto, for example, initiated an Aboriginal and Torres Strait Islanders Policy platform in the mid-1990s (Rio Tinto). Moreover, there are diverse perspectives within the Indigenous community regarding social and economic reform governed by neoliberal agendas as well as government initiatives such as the Intervention, motivated by a concern for the abuse of children, as outlined in The Little Children Are Sacred Report (Wild & Anderson; hereinafter Little Children). Indeed, there is no agreement on whether or not the Intervention had anything to do with land rights. On the one hand, Noel Pearson has strongly opposed this assertion: “I've got as much objections as anybody to the ideological prejudices of the Howard Government in relation to land, but this question is not about a 'land grab'. The Anderson Wild Report tells us about the scale of Aboriginal children's neglect and abuse" (ABC). Marcia Langton has agreed with this stating that “There's a cynical view afoot that the emergency intervention was a political ploy - a Trojan Horse - to sneak through land grabs and some gratuitous black head-kicking disguised as concern for children. These conspiracy theories abound, and they are mostly ridiculous” (Langton). Patrick Dodson on the other hand, has argued that yes, of course, the children remain the highest priority, but that this “is undermined by the Government's heavy-handed authoritarian intervention and its ideological and deceptive land reform agenda” (Dodson). WhitenessOne way to frame this issue is to look at it through the lens of critical race and whiteness theory. Is it possible that the interests of whiteness are at play in the coalitions of corporate/private enterprise and political interests in the Northern Territory, in the coupling of social conservatism and economic rationalism? Using this framework allows us to identify the partial interests at play and the implications of this for discussions in Australia around sovereignty and self-determination, as well as providing a discursive framework through which to understand how these coalitional interests represent a specific understanding of progress, growth and development. Whiteness theory takes an empirically informed stance in order to critique the operation of unequal power relations and discriminatory practices imbued in racialised structures. Whiteness and critical race theory take the twin interests of racial privileging and racial discrimination and discuss their historical and on-going relevance for law, philosophy, representation, media, politics and policy. Foregrounding contemporary analysis in whiteness studies is the central role of race in the development of the Australian nation, most evident in the dispossession and destruction of Indigenous lands, cultures and lives, which occurred initially prior to Federation, as well as following. Cheryl Harris’s landmark paper “Whiteness as Property” argues, in the context of the US, that “the origins of property rights ... are rooted in racial domination” and that the “interaction between conceptions of race and property ... played a critical role in establishing and maintaining racial and economic subordination” (Harris 1716).Reiterating the logic of racial inferiority and the assumption of a lack of rationality and civility, Indigenous people were named in the Australian Constitution as “flora and fauna” – which was not overturned until a national referendum in 1967. This, coupled with the logic of terra nullius represents the racist foundational logic of Australian statehood. As is well known, terra nullius declared that the land belonged to no-one, denying Indigenous people property rights over land. Whiteness, Moreton-Robinson contends, “is constitutive of the epistemology of the West; it is an invisible regime of power that secures hegemony through discourse and has material effects in everyday life” (Whiteness 75).In addition to analysing racial power structures, critical race theory has presented studies into the link between race, whiteness and neoliberalism. Roberts and Mahtami argue that it is not just that neoliberalism has racialised effects, rather that neoliberalism and its underlying philosophy is “fundamentally raced and produces racialized bodies” (248; also see Goldberg Threat). The effect of the free market on state sovereignty has been hotly debated too. Aihwa Ong contends that neoliberalism produces particular relationships between the state and non-state corporations, as well as determining the role of individuals within the body-politic. Ong specifies:Market-driven logic induces the co-ordination of political policies with the corporate interests, so that developmental discussions favour the fragmentation of the national space into various contiguous zones, and promote the differential regulation of the populations who can be connected to or disconnected from global circuits of capital. (Ong, Neoliberalism 77)So how is whiteness relevant to a discussion of land reform, and to the changes to land rights passed along with Intervention legislation in 2007? Irene Watson cites the former Minister for Indigenous Affairs, Mal Brough, who opposed the progressive individual with what he termed the “failed collective.” Watson asserts that in the debates around land leasing and the Intervention, “Aboriginal law and traditional roles and responsibilities for caring and belonging to country are transformed into the cause for community violence” (Sovereign Spaces 34). The effects of this, I will argue, are twofold and move beyond a moral or social agenda in the strictest sense of the terms: firstly to promote, and make more accessible, the possibility of private and government coalitions in relation to Indigenous lands, and secondly, to reinforce the sovereignty of the state, recognised in the capacity to make decisions. It is here that the explicit reiteration of what Aileen Moreton-Robinson calls “white possession” is clearly evidenced (The Possessive Logic). Sovereign Interventions In the Northern Territory 50% of land is owned by Indigenous people under the Aboriginal Land Rights Act 1976 (ALRA) (NT). This law gives Indigenous people control, mediated via land councils, over their lands. It is the contention of this paper that the rights enabled through this law have been eroded in recent times in the coalescing interests of government and private enterprise via, broadly, land rights reform measures. In August 2007 the government passed a number of laws that overturned aspects of the Racial Discrimination Act 197 5(RDA), including the Northern Territory National Emergency Response Bill 2007 and the Aboriginal Land Rights (Northern Territory) Amendment (Township Leasing) Bill 2007. Ostensibly these laws were a response to evidence of alarming levels of child abuse in remote Indigenous communities, which has been compiled in the special report Little Children, co-chaired by Rex Wild QC and Patricia Anderson. This report argued that urgent but culturally appropriate strategies were required in order to assist the local communities in tackling the issues. The recommendations of the report did not include military intervention, and instead prioritised the need to support and work in dialogue with local Indigenous people and organisations who were already attempting, with extremely limited resources, to challenge the problem. Specifically it stated that:The thrust of our recommendations, which are designed to advise the NT government on how it can help support communities to effectively prevent and tackle child sexual abuse, is for there to be consultation with, and ownership by the local communities, of these solutions. (Wild & Anderson 23) Instead, the Federal Coalition government, with support from the opposition Labor Party, initiated a large scale intervention, which included the deployment of the military, to install order and assist medical personnel to carry out compulsory health checks on minors. The intervention affected 73 communities with populations of over 200 Aboriginal men, women and children (Altman, Neo-Paternalism 8). The reality of high levels of domestic and sexual abuse in Indigenous communities requires urgent and diligent attention, but it is not the space of this paper to unpack the media spectacle or the politically determined response to these serious issues, or the considered and careful reports such as the one cited above. While the report specifies the need for local solutions and local control of the process and decision-making, the Federal Liberal Coalition government’s intervention, and the current Labor government’s faithfulness to these, has been centralised and external, imposed upon communities. Rebecca Stringer argues that the Trojan horse thesis indicates what is at stake in this Intervention, while also pinpointing its main weakness. That is, the counter-intuitive links its architects make between addressing child sexual abuse and re-litigating Indigenous land tenure and governance arrangements in a manner that undermines Aboriginal sovereignty and further opens Aboriginal lands to private interests among the mining, nuclear power, tourism, property development and labour brokerage industries. (par. 8)Alongside welfare quarantining for all Indigenous people, was a decision by parliament to overturn the “permit system”, a legal protocol provided by the ALRA and in place so as to enable Indigenous peoples the right to refuse and grant entry to strangers wanting to access their lands. To place this in a broader context of land rights reform, the Aboriginal Land Rights (Northern Territory) Act 2006, created the possibility of 99 year individual leases, at the expense of communal ownership. The legislation operates as a way of individualising the land arrangements in remote Indigenous communities by opening communal land up as private plots able to be bought by Aboriginal people or any other interested party. Indeed, according to Leon Terrill, land reform in Australia over the past 10 years reflects an attempt to return control of decision-making to government bureaucracy, even as governments have downplayed this aspect. Terrill argues that Township Leasing (enabled via the 2006 legislation), takes “wholesale decision-making about land use” away from Traditional Owners and instead places it in the hands of a government entity called the Executive Director of Township Leasing (3). With the passage of legislation around the Intervention, five year leases were created to enable the Commonwealth “administrative control” over the communities affected (Terrill 3). Finally, under the current changes it is unlikely that more than a small percentage of Aboriginal people will be able to access individual land leasing. Moreover, the argument has been presented that these reforms reflect a broader project aimed at replacing communal land ownership arrangements. This agenda has been justified at a rhetorical level via the demonization of communal land ownership arrangements. Helen Hughes and Jenness Warin, researchers at the rightwing think-tank, the Centre for Independent Studies (CIS), released a report entitled A New Deal for Aborigines and Torres Strait Islanders in Remote Communities, in which they argue that there is a direct casual link between communal ownership and economic underdevelopment: “Communal ownership of land, royalties and other resources is the principle cause of the lack of economic development in remote areas” (in Norberry & Gardiner-Garden 8). In 2005, then Prime Minister, John Howard, publicly introduced the government’s ambition to alter the structure of Indigenous land arrangements, couching his agenda in the language of “equal opportunity”. I believe there’s a case for reviewing the whole issue of Aboriginal land title in the sense of looking more towards private recognition …, I’m talking about giving them the same opportunities as the rest of their fellow Australians. (Watson, "Howard’s End" 1)Scholars of critical race theory have argued that the language of equality, usually tied to liberalism (though not always) masks racial inequality and even results in “camouflaged racism” (Davis 61). David Theo Goldberg notes that, “the racial status-quo - racial exclusions and privileges favouring for the most part middle - and upper class whites - is maintained by formalising equality through states of legal and administrative science” (Racial State 222). While Howard and his coalition of supporters have associated communal title with disadvantage and called for the equality to be found in individual leases (Dodson), Altman has argued that there is no logical link between forms of communal land ownership and incidences of sexual abuse, and indeed, the government’s use of sexual abuse disingenuously disguises it’s imperative to alter the land ownership arrangements: “Given the proposed changes to the ALRA are in no way associated with child sexual abuse in Aboriginal communities […] there is therefore no pressing urgency to pass the amendments.” (Altman National Emergency, 3) In the case of the Intervention, land rights reforms have affected the continued dispossession of Indigenous people in the interests of “commercial development” (Altman Neo-Paternalism 8). In light of this it can be argued that what is occurring conforms to what Aileen Moreton-Robinson has highlighted as the “possessive logic of patriarchal white sovereignty” (Possessive Logic). White sovereignty, under the banner of benevolent paternalism overturns the authority it has conceded to local Indigenous communities. This is realised via township leases, five year leases, housing leases and other measures, stripping them of the right to refuse the government and private enterprise entry into their lands (effectively the right of control and decision-making), and opening them up to, as Stringer argues, a range of commercial and government interests. Future Concerns and Concluding NotesThe etymological root of coalition is coalesce, inferring the broad ambition to “grow together”. In the issues outlined above, growing together is dominated by neoliberal interests, or what Stringer has termed “assimilatory neoliberation”. The issue extends beyond a social and economic assimilationism project and into a political and legal “land grab”, because, as Ong notes, the neoliberal agenda aligns itself with the nation-state. This coalitional arrangement of neoliberal and governmental interests reiterates “white possession” (Moreton-Robinson, The Possessive Logic). This is evidenced in the position of the current Labor government decision to uphold the nomination of Muckaty as a radioactive waste repository site in Australia (Stokes). In 2007, the Northern Land Council (NLC) nominated Muckaty Station to be the site for waste disposal. This decision cannot be read outside the context of Maralinga, in the South Australian desert, a site where experiments involving nuclear technology were conducted in the 1960s. As John Keane recounts, the Australian government permitted the British government to conduct tests, dispossessing the local Aboriginal group, the Tjarutja, and employing a single patrol officer “the job of monitoring the movements of the Aborigines and quarantining them in settlements” (Keane). Situated within this historical colonial context, in 2006, under a John Howard led Liberal Coalition, the government passed the Commonwealth Radioactive Waste Management Act (CRWMA), a law which effectively overrode the rulings of the Northern Territory government in relation decisions regarding nuclear waste disposal, as well as overriding the rights of traditional Aboriginal owners and the validity of sacred sites. The Australian Labor government has sought to alter the CRWMA in order to reinstate the importance of following due process in the nomination process of land. However, it left the proposed site of Muckaty as confirmed, and the new bill, titled National Radioactive Waste Management retains many of the same characteristics of the Howard government legislation. In 2010, 57 traditional owners from Muckaty and surrounding areas signed a petition stating their opposition to the disposal site (the case is currently in the Federal Court). At a time when nuclear power has come back onto the radar as a possible solution to the energy crisis and climate change, questions concerning the investments of government and its loyalties should be asked. As Malcolm Knox has written “the nuclear industry has become evangelical about the dangers of global warming” (Knox). While nuclear is a “cleaner” energy than coal, until better methods are designed for processing its waste, larger amounts of it will be produced, requiring lands that can hold it for the desired timeframes. For Australia, this demands attention to the politics and ethics of waste disposal. Such an issue is already being played out, before nuclear has even been signed off as a solution to climate change, with the need to find a disposal site to accommodate already existing uranium exported to Europe and destined to return as waste to Australia in 2014. The decision to go ahead with Muckaty against the wishes of the voices of local Indigenous people may open the way for the co-opting of a discourse of environmentalism by political and business groups to promote the development and expansion of nuclear power as an alternative to coal and oil for energy production; dumping waste on Indigenous lands becomes part of the solution to climate change. During the 2010 Australian election, Greens Leader Bob Brown played upon the word coalition to suggest that the Liberal National Party were in COALition with the mining industry over the proposed Mining Tax – the Liberal Coalition opposed any mining tax (Brown). Here Brown highlights the alliance of political agendas and business or corporate interests quite succinctly. Like Brown’s COALition, will government (of either major party) form a coalition with the nuclear power stakeholders?This paper has attempted to bring to light what Dodson has identified as “an alliance of established conservative forces...with more recent and strident ideological thinking associated with free market economics and notions of individual responsibility” and the implications of this alliance for land rights (Dodson). It is important to ask critical questions about the vision of “growing together” being promoted via the coalition of conservative, neoliberal, private and government interests.Acknowledgements Many thanks to the reviewers of this article for their useful suggestions. ReferencesAustralian Broadcasting Authority. “Noel Pearson Discusses the Issues Faced by Indigenous Communities.” Lateline 26 June 2007. 22 Nov. 2010 ‹http://www.abc.net.au/lateline/content/2007/s1962844.htm>. Agamben, Giorgio. hom*o Sacer. Stanford, California: Stanford University Press, 1998. Altman, Jon. “The ‘National Emergency’ and Land Rights Reform: Separating Fact from Fiction.” A Briefing Paper for Oxfam Australia, 2007. 1 Aug. 2010 ‹http://www.oxfam.org.au/resources/filestore/originals/OAus-EmergencyLandRights-0807.pdf>. Altman, Jon. “The Howard Government’s Northern Territory Intervention: Are Neo-Paternalism and Indigenous Development Compatible?” Centre for Aboriginal Economic Policy Research Topical Issue 16 (2007). 1 Aug. 2010 ‹http://caepr.anu.edu.au/system/files/Publications/topical/Altman_AIATSIS.pdf>. Brown, Bob. “Senator Bob Brown National Pre-Election Press Club Address.” 2010. 18 Aug. 2010 ‹http://greens.org.au/content/senator-bob-brown-pre-election-national-press-club-address>. Davis, Angela. The Angela Davis Reader. Ed. J. James, Oxford: Blackwell, 1998. Dodson, Patrick. “An Entire Culture Is at Stake.” Opinion. The Age, 14 July 2007: 4. Goldberg, David Theo. The Racial State. Massachusetts: Blackwell, 2002.———. The Threat of Race: Reflections on Neoliberalism. Massachusetts: Blackwell, 2008. Harris, Cheryl. “Whiteness as Property.” Harvard Law Review 106.8 (1993): 1709-1795. Keane, John. “Maralinga’s Afterlife.” Feature Article. The Age, 11 May 2003. 24 Nov. 2010 ‹http://www.theage.com.au/articles/2003/05/11/1052280486255.html>. Knox, Malcolm. “Nuclear Dawn.” The Monthly 56 (May 2010). Lambert, Anthony. “Rainbow Blindness: Same-Sex Partnerships in Post-Coalitional Australia.” M/C Journal 13.6 (2010). Langton, Marcia. “It’s Time to Stop Playing Politics with Vulnerable Lives.” Opinion. Sydney Morning Herald, 30 Nov. 2007: 2. McAllan, Fiona. “Customary Appropriations.” borderlands ejournal 6.3 (2007). 22 Nov. 2010 ‹http://www.borderlands.net.au/vol6no3_2007/mcallan_appropriations.htm>. Moreton-Robinson, Aileen. “The Possessive Logic of Patriarchal White Sovereignty: The High Court and the Yorta Yorta Decision.” borderlands e-journal 3.2 (2004). 1 Aug. 2007 ‹http://www.borderlands.net.au/vol3no2_2004/moreton_possessive.htm>. ———. “Whiteness, Epistemology and Indigenous Representation.” Whitening Race. Ed. Aileen Moreton-Robinson. Canberra: Aboriginal Studies Press, 75-89. Norberry, J., and J. Gardiner-Garden. Aboriginal Land Rights (Northern Territory) Amendment Bill 2006. Australian Parliamentary Library Bills Digest 158 (19 June 2006). Ong, Aihwa. Neoliberalism as Exception: Mutations in Citizenship and Sovereignty. Durham: Duke University Press, 2006. 75-97.Oxford English Dictionary. 3rd. ed. Oxford: Oxford UP, 2005. Rio Tinto. "Rio Tinto Aboriginal Policy and Programme Briefing Note." June 2007. 22 Nov. 2010 ‹http://www.aboriginalfund.riotinto.com/common/pdf/Aboriginal%20Policy%20and%20Programs%20-%20June%202007.pdf>. Roberts, David J., and Mielle Mahtami. “Neoliberalising Race, Racing Neoliberalism: Placing 'Race' in Neoliberal Discourses.” Antipode 42.2 (2010): 248-257. Stringer, Rebecca. “A Nightmare of the Neocolonial Kind: Politics of Suffering in Howard's Northern Territory Intervention.” borderlands ejournal 6.2 (2007). 22 Nov. 2010 ‹http://www.borderlands.net.au/vol6no2_2007/stringer_intervention.htm>.Stokes, Dianne. "Muckaty." n.d. 1 Aug. 2010 ‹http://www.timbonham.com/slideshows/Muckaty/>. Terrill, Leon. “Indigenous Land Reform: What Is the Real Aim of Land Reform?” Edited version of a presentation provided at the 2010 National Native Title Conference, 2010. Watson, Irene. “Sovereign Spaces, Caring for Country and the Homeless Position of Aboriginal Peoples.” South Atlantic Quarterly 108.1 (2009): 27-51. Watson, Nicole. “Howard’s End: The Real Agenda behind the Proposed Review of Indigenous Land Titles.” Australian Indigenous Law Reporter 9.4 (2005). ‹http://www.austlii.edu.au/au/journals/AILR/2005/64.html>.Wild, R., and P. Anderson. Ampe Akelyernemane Meke Mekarie: The Little Children Are Sacred. Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse. Northern Territory: Northern Territory Government, 2007.

Abstract:

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

Abstract:

Women in federal politics are under-represented today and always have been. At no time in the history of the federal parliament have women achieved equal representation with men. There have never been an equal number of women in any federal cabinet. Women have never held an equitable number of executive positions of the Australian Labor Party (ALP) or the Liberal Party. Australia has had only one female Prime Minister, Julia Gillard, and she was the recipient of sexist treatment in the parliament and the media. A 2019 report by Plan International found that girls and women, were “reluctant to pursue a career in politics, saying they worry about being treated unfairly.” The Report author said the results were unsurprisingwhen you consider how female politicians are still treated in Parliament and the media in this country, is it any wonder the next generation has no desire to expose themselves to this world? Unfortunately, in Australia, girls grow up seeing strong, smart, capable female politicians constantly reduced to what they’re wearing, comments about their sexuality and snipes about their gender.What voters may not always see is how women in politics respond to sexist treatment, or to bullying, or having to vote against their principles because of party rules, or to having no support to lead the party. Rather than being political victims and quitting, there is a ground-swell of women who are fighting back. The rage they feel at being excluded, bullied, harassed, name-called, and denied leadership opportunities is being channelled into rage against the structures that deny them equality. The rage they feel is building resilience and it is building networks of women across the political divide. This article highlights some female MPs who are “maintaining the rage”. It suggests that the rage that is evident in their public responses is empowering them to stand strong in the face of adversity, in solidarity with other female MPs, building their resilience, and strengthening calls for social change and political equality.Her-story of Women’s MovementsThroughout the twentieth century, women stood for equal rights and personal empowerment driven by rage against their disenfranchisem*nt. Significant periods include the early 1900s, with suffragettes gaining the vote for women. The interwar period of 1919 to 1938 saw women campaign for financial independence from their husbands (Andrew). Australian women were active citizens in a range of campaigns for improved social, economic and political outcomes for women and their children.Early contributions made by women to Australian society were challenges to the regulations and of female sexuality and reproduction. Early twentieth century feminist organisations such The Women’s Peace Army, United Association of Women, the Australian Federation of Women’s Societies for Equal Citizenship, the Union of Australian Women, the National Council of Women, and the Australian Federation of Women Voters, proved the early forerunners to the 1970s Women’s Liberation Movement (WLM). It was in many of these early campaigns that the rage expressed in the concept of the “personal is political” (Hanisch) became entrenched in Australian feminist approaches to progressive social change. The idea of the “personal is political” encapsulated that it was necessary to challenge and change power relations, achievable when women fully participated in politics (van Acker 25). Attempts by women during the 1970s to voice concerns about issues of inequality, including sexuality, the right to abortion, availability of childcare, and sharing of household duties, were “deemed a personal problem” and not for public discussion (Hanisch). One core function of the WLM was to “advance women’s positions” via government legislation or, as van Acker (120) puts it, the need for “feminist intervention in the state.” However, in advocating for policy reform, the WLM had no coherent or organised strategy to ensure legislative change. The establishment of the Women’s Electoral Lobby (WEL), together with the Femocrat strategy, sought to rectify this. Formed in 1972, WEL was tasked with translating WLM concerns into government policy.The initial WEL campaign took issues of concern to WLM to the incoming Whitlam government (1972-1975). Lyndall Ryan (73) notes: women’s liberationists were the “stormtroopers” and WEL the “pragmatic face of feminism.” In 1973 Whitlam appointed Elizabeth Reid, a member of WLM, as Australia’s first Women’s Advisor. Of her appointment, Reid (3) said, “For the first time in our history we were being offered the opportunity to attempt to implement what for years we had been writing, yelling, marching and working towards. Not to respond would have felt as if our bluff had been called.” They had the opportunity in the Whitlam government to legislatively and fiscally address the rage that drove generations of women to yell and march.Following Reid were the appointments of Sara Dowse and Lyndall Ryan, continuing the Femocrat strategy of ensuring women were appointed to executive bureaucratic roles within the Whitlam government. The positions were not well received by the mainly male-dominated press gallery and parliament. As “inside agitators” (Eisenstein) for social change the central aim of Femocrats was social and economic equity for women, reflecting social justice and progressive social and public policy. Femocrats adopted a view about the value of women’s own lived experiences in policy development, application and outcome. The role of Senator Susan Ryan is of note. In 1981, Ryan wrote and introduced the Sex Discrimination Bill, the first piece of federal legislation of its type in Australia. Ryan was a founding member of WEL and was elected to the Senate in 1975 on the slogan “A woman’s place is in the Senate”. As Ryan herself puts it: “I came to believe that not only was a woman’s place in the House and in the Senate, as my first campaign slogan proclaimed, but a feminist’s place was in politics.” Ryan, the first Labor woman to represent the ACT in the Senate, was also the first Labor woman appointed as a federal Minister.With the election of the economic rationalist Hawke and Keating Governments (1983-1996) and the neoliberal Howard Government (1996-2007), what was a “visible, united, highly mobilised and state-focused women’s movement” declined (Lake 260). This is not to say that women today reject the value of women’s voices and experiences, particularly in politics. Many of the issues of the 1970s remain today: domestic violence, unequal pay, sexual harassment, and a lack of gender parity in political representation. Hence, it remains important that women continue to seek election to the national parliament.Gender Gap: Women in Power When examining federal elections held between 1972 and 2016, women have been under-represented in the lower house. In none of these elections have women achieved more than 30 per cent representation. Following the 1974 election less that one per cent of the lower house were women. No women were elected to the lower house at the 1975 or 1977 election. Between 1980 and 1996, female representation was less than 10 per cent. In 1996 this rose to 15 per cent and reached 29 per cent at the 2016 federal election.Following the 2016 federal election, only 32 per cent of both chambers were women. After the July 2016 election, only eight women were appointed to the Turnbull Ministry: six women in Cabinet and two women in the Outer Cabinet (Parliament of Australia). Despite the higher representation of women in the ALP, this is not reflected in the number of women in the Shadow Cabinet. Just as female parliamentarians have never achieved parity, neither have women in the Executive Branch.In 2017, Australia was ranked 50th in the world in terms of gender representation in parliament, between The Philippines and South Sudan. Globally, there are 38 States in which women account for less than 10 per cent of parliamentarians. As at January 2017, the three highest ranking countries in female representation were Rwanda, Bolivia and Cuba. The United Kingdom was ranked 47th, and the United States 104th (IPU and UNW). Globally only 18 per cent of government ministers are women (UNW). Between 1960 and 2013, 52 women became prime ministers worldwide, of those 43 have taken office since 1990 (Curtin 191).The 1995 United Nations (UN) Fourth World Conference on Women set a 30 per cent target for women in decision-making. This reflects the concept of “critical mass”. Critical mass proposes that for there to be a tipping balance where parity is likely to emerge, this requires a cohort of a minimum of 30 per cent of the minority group.Gender scholars use critical mass theory to explain that parity won’t occur while there are only a few token women in politics. Rather, only as numbers increase will women be able to build a strong enough presence to make female representation normative. Once a 30 per cent critical mass is evident, the argument is that this will encourage other women to join the cohort, making parity possible (Childs & Krook 725). This threshold also impacts on legislative outcomes, because the larger cohort of women are able to “influence their male colleagues to accept and approve legislation promoting women’s concerns” (Childs & Krook 725).Quotas: A Response to Gender InequalityWith women representing less than one in five parliamentarians worldwide, gender quotas have been introduced in 90 countries to redress this imbalance (Krook). Quotas are an equal opportunity measure specifically designed to re-dress inequality in political representation by allocating seats to under-represented groups (McCann 4). However, the effectiveness of the quota system is contested, with continued resistance, particularly in conservative parties. Fine (3) argues that one key objection to mandatory quotas is that they “violate the principle of merit”, suggesting insufficient numbers of women capable or qualified to hold parliamentary positions.In contrast, Gauja (2) suggests that “state-mandated electoral quotas work” because in countries with legislated quotas the number of women being nominated is significantly higher. While gender quotas have been brought to bear to address the gender gap, the ability to challenge the majority status of men has been limited (Hughes).In 1994 the ALP introduced rule-based party quotas to achieve equal representation by 2025 and a gender weighting system for female preselection votes. Conversely, the Liberal Party have a voluntary target of reaching 50 per cent female representation by 2025. But what of the treatment of women who do enter politics?Fig. 1: Portrait of Julia Gillard AC, 27th Prime Minister of Australia, at Parliament House, CanberraInside Politics: Misogyny and Mobs in the ALPIn 2010, Julia Gillard was elected as the leader of the governing ALP, making her Australia’s first female Prime Minister. Following the 2010 federal election, called 22 days after becoming Prime Minister, Gillard was faced with the first hung parliament since 1940. She formed a successful minority government before losing the leadership of the ALP in June 2013. Research demonstrates that “being a female prime minister is often fraught because it challenges many of the gender stereotypes associated with political leadership” (Curtin 192). In Curtin’s assessment Gillard was naïve in her view that interest in her as the country’s first female Prime Minister would quickly dissipate.Gillard, argues Curtin (192-193), “believed that her commitment to policy reform and government enterprise, to hard work and maintaining consensus in caucus, would readily outstrip the gender obsession.” As Curtin continues, “this did not happen.” Voters were continually reminded that Gillard “did not conform to the traditional.” And “worse, some high-profile men, from industry, the Liberal Party and the media, indulged in verbal attacks of a sexist nature throughout her term in office (Curtin 192-193).The treatment of Gillard is noted in terms of how misogyny reinforced negative perceptions about the patriarchal nature of parliamentary politics. The rage this created in public and media spheres was double-edged. On the one hand, some were outraged at the sexist treatment of Gillard. On the other hand, those opposing Gillard created a frenzy of personal and sexist attacks on her. Further attacking Gillard, on 25 February 2011, radio broadcaster Alan Jones called Gillard, not only by her first-name, but called her a “liar” (Kwek). These attacks and the informal way the Prime Minister was addressed, was unprecedented and caused outrage.An anti-carbon tax rally held in front of Parliament House in Canberra in March 2011, featured placards with the slogans “Ditch the Witch” and “Bob Brown’s Bitch”, referring to Gillard and her alliance with the Australian Greens, led by Senator Bob Brown. The Opposition Leader Tony Abbott and other members of the Liberal Party were photographed standing in front of the placards (Sydney Morning Herald, Vertigo). Criticism of women in positions of power is not limited to coming from men alone. Women from the Liberal Party were also seen in the photo of derogatory placards decrying Gillard’s alliances with the Greens.Gillard (Sydney Morning Herald, “Gillard”) said she was “offended when the Leader of the Opposition went outside in the front of Parliament and stood next to a sign that said, ‘Ditch the witch’. I was offended when the Leader of the Opposition stood next to a sign that ascribed me as a man’s bitch.”Vilification of Gillard culminated in October 2012, when Abbott moved a no-confidence motion against the Speaker of the House, Peter Slipper. Abbott declared the Gillard government’s support for Slipper was evidence of the government’s acceptance of Slipper’s sexist attitudes (evident in allegations that Slipper sent a text to a political staffer describing female genitals). Gillard responded with what is known as the “Misogyny speech”, pointing at Abbott, shaking with rage, and proclaiming, “I will not be lectured about sexism and misogyny by this man” (ABC). Apart from vilification, how principles can be forsaken for parliamentary, party or electoral needs, may leave some women circ*mspect about entering parliament. Similar attacks on political women may affirm this view.In 2010, Labor Senator Penny Wong, a gay Member of Parliament and advocate of same-sex marriage, voted against a bill supporting same-sex marriage, because it was not ALP policy (Q and A, “Passion”). Australian Marriage Equality spokesperson, Alex Greenwich, strongly condemned Wong’s vote as “deeply hypocritical” (Akersten). The Sydney Morning Herald (Dick), under the headline “Married to the Mob” asked:a question: what does it now take for a cabinet minister to speak out on a point of principle, to venture even a mild criticism of the party position? ... Would you object if your party, after fixing some areas of discrimination against a minority group of which you are a part, refused to move on the last major reform for that group because of ‘tradition’ without any cogent explanation of why that tradition should remain? Not if you’re Penny Wong.In 2017, during the postal vote campaign for marriage equality, Wong clarified her reasons for her 2010 vote against same-sex marriage saying in an interview: “In 2010 I had to argue a position I didn’t agree with. You get a choice as a party member don’t you? You either resign or do something like that and make a point, or you stay and fight and you change it.” Biding her time, Wong used her rage to change policy within the ALP.In continuing personal attacks on Gillard, on 19 March 2012, Gillard was told by Germaine Greer that she had a “big arse” (Q and A, “Politics”) and on 27 August 2012, Greer said Gillard looked like an “organ grinder’s monkey” (Q and A, “Media”). Such an attack by a prominent feminist from the 1970s, on the personal appearance of the Prime Minister, reinforced the perception that it was acceptable to criticise a woman in this position, in ways men have never been. Inside Politics: Leadership and Bullying inside the Liberal PartyWhile Gillard’s leadership was likely cut short by the ongoing attacks on her character, Liberal Deputy leader Julie Bishop was thwarted from rising to the leadership of the Liberal Party, thus making it unlikely she will become the Liberal Party’s first female Prime Minister. Julie Bishop was Australia’s Minister for Foreign Affairs from 2013 to 2018 and Deputy Leader of the Liberal Party from 2007 to 2018, having entered politics in 1998.With the impending demise of Prime Minister Turnbull in August 2018, Bishop sought support from within the Liberal Party to run for the leadership. In the second round of leadership votes Bishop stood for the leadership in a three-cornered race, coming last in the vote to Peter Dutton and Scott Morrison. Bishop resigned as the Foreign Affairs Minister and took a seat on the backbench.When asked if the Liberal Party would elect a popular female leader, Bishop replied: “When we find one, I’m sure we will.” Political journalist Annabel Crabb offered further insight into what Bishop meant when she addressed the press in her red Rodo shoes, labelling the statement as “one of Julie Bishop’s chilliest-ever slapdowns.” Crabb, somewhat sardonically, suggested this translated as Bishop listing someone with her qualifications and experience as: “Woman Works Hard, Is Good at Her Job, Doesn't Screw Up, Loses Out Anyway.”For political journalist Tony Wright, Bishop was “clearly furious with those who had let their testosterone get the better of them and their party” and proceeded to “stride out in a pair of heels in the most vivid red to announce that, despite having resigned the deputy position she had occupied for 11 years, she was not about to quit the Parliament.” In response to the lack of support for Bishop in the leadership spill, female members of the federal parliament took to wearing red in the parliamentary chambers signalling that female members were “fed up with the machinations of the male majority” (Wright).Red signifies power, strength and anger. Worn in parliament, it was noticeable and striking, making a powerful statement. The following day, Bishop said: “It is evident … that there is an acceptance of a level of behaviour in Canberra that would not be tolerated in any other workplace across Australia" (Wright).Colour is political. The Suffragettes of the early twentieth century donned the colours of purple and white to create a statement of unity and solidarity. In recent months, Dr Kerryn Phelps used purple in her election campaign to win the vacated seat of Wentworth, following Turnbull’s resignation, perhaps as a nod to the Suffragettes. Public anger in Wentworth saw Phelps elected, despite the electorate having been seen as a safe Liberal seat.On 21 February 2019, the last sitting day of Parliament before the budget and federal election, Julie Bishop stood to announce her intention to leave politics at the next election. To some this was a surprise. To others it was expected. On finishing her speech, Bishop immediately exited the Lower House without acknowledging the Prime Minister. A proverbial full-stop to her outrage. She wore Suffragette white.Victorian Liberal backbencher Julia Banks, having declared herself so repelled by bullying during the Turnbull-Dutton leadership delirium, announced she was quitting the Liberal Party and sitting in the House of Representatives as an Independent. Banks said she could no longer tolerate the bullying, led by members of the reactionary right wing, the coup was aided by many MPs trading their vote for a leadership change in exchange for their individual promotion, preselection endorsem*nts or silence. Their actions were undeniably for themselves, for their position in the party, their power, their personal ambition – not for the Australian people.The images of male Liberal Members of Parliament standing with their backs turned to Banks, as she tended her resignation from the Liberal Party, were powerful, indicating their disrespect and contempt. Yet Banks’s decision to stay in politics, as with Wong and Bishop is admirable. To maintain the rage from within the institutions and structures that act to sustain patriarchy is a brave, but necessary choice.Today, as much as any time in the past, a woman’s place is in politics, however, recent events highlight the ongoing poor treatment of women in Australian politics. Yet, in the face of negative treatment – gendered attacks on their character, dismissive treatment of their leadership abilities, and ongoing bullying and sexism, political women are fighting back. They are once again channelling their rage at the way they are being treated and how their abilities are constantly questioned. They are enraged to the point of standing in the face of adversity to bring about social and political change, just as the suffragettes and the women’s movements of the 1970s did before them. The current trend towards women planning to stand as Independents at the 2019 federal election is one indication of this. Women within the major parties, particularly on the conservative side of politics, have become quiet. Some are withdrawing, but most are likely regrouping, gathering the rage within and ready to make a stand after the dust of the 2019 election has settled.ReferencesAndrew, Merrindahl. Social Movements and the Limits of Strategy: How Australian Feminists Formed Positions on Work and Care. Canberra. Australian National University. 2008.Akersten, Matt. “Wong ‘Hypocrite’ on Gay Marriage.” SameSame.com 2010. 12 Sep. 2016 <http://www.samesame.com.au/news/5671/Wong-hypocrite-on-gay-marriage>.Banks, Julia. Media Statement, 27 Nov. 2018. 20 Jan. 2019 <http://juliabanks.com.au/media-release/statement-2/>.Childs, Sarah, and Mona Lena Krook. “Critical Mass Theory and Women’s Political Representation.” Political Studies 56 (2008): 725-736.Crabb, Annabel. “Julie Bishop Loves to Speak in Code and She Saved Her Best One-Liner for Last.” ABC News 28 Aug. 2018. 20 Jan. 2019 <https://www.abc.net.au/news/2018-08-28/julie-bishop-women-in-politics/10174136>.Curtin, Jennifer. “The Prime Ministership of Julia Gillard.” Australian Journal of Political Science 50.1 (2015): 190-204.Dick, Tim. “Married to the Mob.” Sydney Morning Herald 26 July 2010. 12 Sep. 2016 <http://m.smh.com.au/federal-election/married-to-the-mob-20100726-0r77.html?skin=dumb-phone>.Eisenstein, Hester. Inside Agitators: Australian Femocrats and the State. Sydney: Allen and Unwin, 1996.Fine, Cordelia. “Do Mandatory Gender Quotas Work?” The Monthly Mar. 2012. 6 Feb. 2018 <https://www.themonthly.com.au/issue/2012/march/1330562640/cordelia-fine/status-quota>.Gauja, Anika. “How the Liberals Can Fix Their Gender Problem.” The Conversation 13 Oct. 2017. 16 Oct. 2017 <https://theconversation.com/how-the-liberals-can-fix-their-gender-problem- 85442>.Hanisch, Carol. “Introduction: The Personal is Political.” 2006. 18 Sep. 2016 <http://www.carolhanisch.org/CHwritings/PIP.html>.Hughes, Melanie. “Intersectionality, Quotas, and Minority Women's Political Representation Worldwide.” American Political Science Review 105.3 (2011): 604-620.Inter-Parliamentary Union. Equality in Politics: A Survey of Women and Men in Parliaments. 2008. 25 Feb. 2018 <http://archive.ipu.org/pdf/publications/equality08-e.pdf>.Inter-Parliamentary Union and United Nations Women. Women in Politics: 2017. 2017. 29 Jan. 2018 <https://www.ipu.org/resources/publications/infographics/2017-03/women-in-politics-2017>.Krook, Mona Lena. “Gender Quotas as a Global Phenomenon: Actors and Strategies in Quota Adoption.” European Political Science 3.3 (2004): 59–65.———. “Candidate Gender Quotas: A Framework for Analysis.” European Journal of Political Research 46 (2007): 367–394.Kwek, Glenda. “Alan Jones Lets Rip at ‘Ju-liar’ Gillard.” Sydney Morning Herald 25 Feb. 2011. 12 Sep. 2016 <http://www.smh.com.au/entertainment/tv-and-radio/alan-jones-lets-rip-at-juliar-gillard-20110224-1b7km.html>.Lake, Marilyn. Getting Equal: The History of Australian Feminism. Sydney: Allen and Unwin, 1999.McCann, Joy. “Electoral Quotas for Women: An International Overview.” Parliament of Australia Library 14 Nov. 2013. 1 Feb. 2018 <https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1314/ElectoralQuotas>.Parliament of Australia. “Current Ministry List: The 45th Parliament.” 2016. 11 Sep. 2016 <http://www.aph.gov.au/about_parliament/parliamentary_departments/parliamentary_library/parliamentary_handbook/current_ministry_list>.Plan International. “Girls Reluctant to Pursue a Life of Politics Cite Sexism as Key Reason.” 2018. 20 Jan. 2019 <https://www.plan.org.au/media/media-releases/girls-have-little-to-no-desire-to-pursue-a-career-in-politics>.Q and A. “Mutilation and the Media Generation.” ABC Television 27 Aug. 2012. 28 Sep. 2016 <http://www.abc.net.au/tv/qanda/txt/s3570412.htm>.———. “Politics and p*rn in a Post-Feminist World.” ABC Television 19 Mar. 2012. 12 Sep. 2016 <http://www.abc.net.au/tv/qanda/txt/s3451584.htm>.———. “Where Is the Passion?” ABC Television 26 Jul. 2010. 23 Mar. 2018 <http://www.abc.net.au/tv/qanda/txt/s2958214.htm?show=transcript>.Reid, Elizabeth. “The Child of Our Movement: A Movement of Women.” Different Lives: Reflections on the Women’s Movement and Visions of Its Future. Ed. Jocelynne Scutt. Ringwood: Penguin 1987. 107-120.Ryan, L. “Feminism and the Federal Bureaucracy 1972-83.” Playing the State: Australian Feminist Interventions. Ed. Sophie Watson. Sydney: Allen and Unwin 1990.Ryan, Susan. “Fishes on Bicycles.” Papers on Parliament 17 (Sep. 1992). 1 Mar. 2018 <https://www.aph.gov.au/~/~/link.aspx?_id=981240E4C1394E1CA3D0957C42F99120>.Sydney Morning Herald. “‘Pinocchio Gillard’: Strong Anti-Gillard Emissions at Canberra Carbon Tax Protest.” 23 Mar. 2011. 12 Sep. 2016 <http://www.smh.com.au/environment/climate-change/pinocchio-gillard-strong-antigillard-emissions-at-canberra-carbon-tax-protest-20110323-1c5w7.html>.———. “Gillard v Abbott on the Slipper Affair.” 10 Oct. 2012. 12 Sep. 2016 <http://www.abc.net.au/news/2012-10-09/gillard-vs-abbott-on-the-slipper-affair/4303618>.United Nations Women. Facts and Figures: Leadership and Political Participation. 2017. 1 Mar. 2018 <http://www.unwomen.org/en/what-we-do/leadership-and-political-participation/facts-and-figures>.Van Acker, Elizabeth. Different Voices: Gender and Politics in Australia. Melbourne: MacMillan Education Australia, 1999.Wright, Tony. “No Handmaids Here! Liberal Women Launch Their Red Resistance.” Sydney Morning Herald 17 Sep. 2018. 20 Jan. 2019 <https://www.smh.com.au/politics/federal/no-handmaids-here-liberal-women-launch-their-red-resistance-20180917-p504bm.html>.Wong, Penny. “Marriage Equality Plebiscite.” Interview Transcript. The Project 1 Aug. 2017. 1 Mar. 2018 <https://www.pennywong.com.au/transcripts/the-project-2/>.

Abstract:

Introduction The highly contagious COVID-19 virus has presented particularly difficult public policy challenges. The relatively late emergence of an effective treatments and vaccines, the structural stresses on health care systems, the lockdowns and the economic dislocations, the evident structural inequalities in effected societies, as well as the difficulty of prevention have tested social and political cohesion. Moreover, the intrusive nature of many prophylactic measures have led to individual liberty and human rights concerns. As noted by the Victorian (Australia) Ombudsman Report on the COVID-19 lockdown in Melbourne, we may be tempted, during a crisis, to view human rights as expendable in the pursuit of saving human lives. This thinking can lead to dangerous territory. It is not unlawful to curtail fundamental rights and freedoms when there are compelling reasons for doing so; human rights are inherently and inseparably a consideration of human lives. (5) These difficulties have raised issues about the importance of social or community capital in fighting the pandemic. This article discusses the impacts of social and community capital and other factors on the governmental efforts to combat the spread of infectious disease through the maintenance of social distancing and household ‘bubbles’. It argues that the beneficial effects of social and community capital towards fighting the pandemic, such as mutual respect and empathy, which underpins such public health measures as social distancing, the use of personal protective equipment, and lockdowns in the USA, have been undermined as preventive measures because they have been transmogrified to become a salient aspect of the “culture wars” (Peters). In contrast, states that have relatively lower social capital such a China have been able to more effectively arrest transmission of the disease because the government was been able to generate and personify a nationalist response to the virus and thus generate a more robust social consensus regarding the efforts to combat the disease. Social Capital and Culture Wars The response to COVID-19 required individuals, families, communities, and other types of groups to refrain from extensive interaction – to stay in their bubble. In these situations, especially given the asymptomatic nature of many COVID-19 infections and the serious imposition lockdowns and social distancing and isolation, the temptation for individuals to breach public health rules in high. From the perspective of policymakers, the response to fighting COVID-19 is a collective action problem. In studying collective action problems, scholars have paid much attention on the role of social and community capital (Ostrom and Ahn 17-35). Ostrom and Ahn comment that social capital “provides a synthesizing approach to how cultural, social, and institutional aspects of communities of various sizes jointly affect their capacity of dealing with collective-action problems” (24). Social capital is regarded as an evolving social type of cultural trait (f*ckuyama; Guiso et al.). Adger argues that social capital “captures the nature of social relations” and “provides an explanation for how individuals use their relationships to other actors in societies for their own and for the collective good” (387). The most frequently used definition of social capital is the one proffered by Putnam who regards it as “features of social organization, such as networks, norms and social trust that facilitate coordination and cooperation for mutual benefit” (Putnam, “Bowling Alone” 65). All these studies suggest that social and community capital has at least two elements: “objective associations” and subjective ties among individuals. Objective associations, or social networks, refer to both formal and informal associations that are formed and engaged in on a voluntary basis by individuals and social groups. Subjective ties or norms, on the other hand, primarily stand for trust and reciprocity (Paxton). High levels of social capital have generally been associated with democratic politics and civil societies whose institutional performance benefits from the coordinated actions and civic culture that has been facilitated by high levels of social capital (Putnam, Democracy 167-9). Alternatively, a “good and fair” state and impartial institutions are important factors in generating and preserving high levels of social capital (Offe 42-87). Yet social capital is not limited to democratic civil societies and research is mixed on whether rising social capital manifests itself in a more vigorous civil society that in turn leads to democratising impulses. Castillo argues that various trust levels for institutions that reinforce submission, hierarchy, and cultural conservatism can be high in authoritarian governments, indicating that high levels of social capital do not necessarily lead to democratic civic societies (Castillo et al.). Roßteutscher concludes after a survey of social capita indicators in authoritarian states that social capital has little effect of democratisation and may in fact reinforce authoritarian rule: in nondemocratic contexts, however, it appears to throw a spanner in the works of democratization. Trust increases the stability of nondemocratic leaderships by generating popular support, by suppressing regime threatening forms of protest activity, and by nourishing undemocratic ideals concerning governance (752). In China, there has been ongoing debate concerning the presence of civil society and the level of social capital found across Chinese society. If one defines civil society as an intermediate associational realm between the state and the family, populated by autonomous organisations which are separate from the state that are formed voluntarily by members of society to protect or extend their interests or values, it is arguable that the PRC had a significant civil society or social capital in the first few decades after its establishment (White). However, most scholars agree that nascent civil society as well as a more salient social and community capital has emerged in China’s reform era. This was evident after the 2008 Sichuan earthquake, where the government welcomed community organising and community-driven donation campaigns for a limited period of time, giving the NGO sector and bottom-up social activism a boost, as evidenced in various policy areas such as disaster relief and rural community development (F. Wu 126; Xu 9). Nevertheless, the CCP and the Chinese state have been effective in maintaining significant control over civil society and autonomous groups without attempting to completely eliminate their autonomy or existence. The dramatic economic and social changes that have occurred since the 1978 Opening have unsurprisingly engendered numerous conflicts across the society. In response, the CCP and State have adjusted political economic policies to meet the changing demands of workers, migrants, the unemployed, minorities, farmers, local artisans, entrepreneurs, and the growing middle class. Often the demands arising from these groups have resulted in policy changes, including compensation. In other circ*mstances, where these groups remain dissatisfied, the government will tolerate them (ignore them but allow them to continue in the advocacy), or, when the need arises, supress the disaffected groups (F. Wu 2). At the same time, social organisations and other groups in civil society have often “refrained from open and broad contestation against the regime”, thereby gaining the space and autonomy to achieve the objectives (F. Wu 2). Studies of Chinese social or community capital suggest that a form of modern social capital has gradually emerged as Chinese society has become increasingly modernised and liberalised (despite being non-democratic), and that this social capital has begun to play an important role in shaping social and economic lives at the local level. However, this more modern form of social capital, arising from developmental and social changes, competes with traditional social values and social capital, which stresses parochial and particularistic feelings among known individuals while modern social capital emphasises general trust and reciprocal feelings among both known and unknown individuals. The objective element of these traditional values are those government-sanctioned, formal mass organisations such as Communist Youth and the All-China Federation of Women's Associations, where members are obliged to obey the organisation leadership. The predominant subjective values are parochial and particularistic feelings among individuals who know one another, such as guanxi and zongzu (Chen and Lu, 426). The concept of social capital emphasises that the underlying cooperative values found in individuals and groups within a culture are an important factor in solving collective problems. In contrast, the notion of “culture war” focusses on those values and differences that divide social and cultural groups. Barry defines culture wars as increases in volatility, expansion of polarisation, and conflict between those who are passionate about religiously motivated politics, traditional morality, and anti-intellectualism, and…those who embrace progressive politics, cultural openness, and scientific and modernist orientations. (90) The contemporary culture wars across the world manifest opposition by various groups in society who hold divergent worldviews and ideological positions. Proponents of culture war understand various issues as part of a broader set of religious, political, and moral/normative positions invoked in opposition to “elite”, “liberal”, or “left” ideologies. Within this Manichean universe opposition to such issues as climate change, Black Lives Matter, same sex rights, prison reform, gun control, and immigration becomes framed in binary terms, and infused with a moral sensibility (Chapman 8-10). In many disputes, the culture war often devolves into an epistemological dispute about the efficacy of scientific knowledge and authority, or a dispute between “practical” and theoretical knowledge. In this environment, even facts can become partisan narratives. For these “cultural” disputes are often how electoral prospects (generally right-wing) are advanced; “not through policies or promises of a better life, but by fostering a sense of threat, a fantasy that something profoundly pure … is constantly at risk of extinction” (Malik). This “zero-sum” social and policy environment that makes it difficult to compromise and has serious consequences for social stability or government policy, especially in a liberal democratic society. Of course, from the perspective of cultural materialism such a reductionist approach to culture and political and social values is not unexpected. “Culture” is one of the many arenas in which dominant social groups seek to express and reproduce their interests and preferences. “Culture” from this sense is “material” and is ultimately connected to the distribution of power, wealth, and resources in society. As such, the various policy areas that are understood as part of the “culture wars” are another domain where various dominant and subordinate groups and interests engaged in conflict express their values and goals. Yet it is unexpected that despite the pervasiveness of information available to individuals the pool of information consumed by individuals who view the “culture wars” as a touchstone for political behaviour and a narrative to categorise events and facts is relatively closed. This lack of balance has been magnified by social media algorithms, conspiracy-laced talk radio, and a media ecosystem that frames and discusses issues in a manner that elides into an easily understood “culture war” narrative. From this perspective, the groups (generally right-wing or traditionalist) exist within an information bubble that reinforces political, social, and cultural predilections. American and Chinese Reponses to COVID-19 The COVID-19 pandemic first broke out in Wuhan in December 2019. Initially unprepared and unwilling to accept the seriousness of the infection, the Chinese government regrouped from early mistakes and essentially controlled transmission in about three months. This positive outcome has been messaged as an exposition of the superiority of the Chinese governmental system and society both domestically and internationally; a positive, even heroic performance that evidences the populist credentials of the Chinese political leadership and demonstrates national excellence. The recently published White Paper entitled “Fighting COVID-19: China in Action” also summarises China’s “strategic achievement” in the simple language of numbers: in a month, the rising spread was contained; in two months, the daily case increase fell to single digits; and in three months, a “decisive victory” was secured in Wuhan City and Hubei Province (Xinhua). This clear articulation of the positive results has rallied political support. Indeed, a recent survey shows that 89 percent of citizens are satisfied with the government’s information dissemination during the pandemic (C Wu). As part of the effort, the government extensively promoted the provision of “political goods”, such as law and order, national unity and pride, and shared values. For example, severe publishments were introduced for violence against medical professionals and police, producing and selling counterfeit medications, raising commodity prices, spreading ‘rumours’, and being uncooperative with quarantine measures (Xu). Additionally, as an extension the popular anti-corruption campaign, many local political leaders were disciplined or received criminal charges for inappropriate behaviour, abuse of power, and corruption during the pandemic (People.cn, 2 Feb. 2020). Chinese state media also described fighting the virus as a global “competition”. In this competition a nation’s “material power” as well as “mental strength”, that calls for the highest level of nation unity and patriotism, is put to the test. This discourse recalled the global competition in light of the national mythology related to the formation of Chinese nation, the historical “hardship”, and the “heroic Chinese people” (People.cn, 7 Apr. 2020). Moreover, as the threat of infection receded, it was emphasised that China “won this competition” and the Chinese people have demonstrated the “great spirit of China” to the world: a result built upon the “heroism of the whole Party, Army, and Chinese people from all ethnic groups” (People.cn, 7 Apr. 2020). In contrast to the Chinese approach of emphasising national public goods as a justification for fighting the virus, the U.S. Trump Administration used nationalism, deflection, and “culture war” discourse to undermine health responses — an unprecedented response in American public health policy. The seriousness of the disease as well as the statistical evidence of its course through the American population was disputed. The President and various supporters raged against the COVID-19 “hoax”, social distancing, and lockdowns, disparaged public health institutions and advice, and encouraged protesters to “liberate” locked-down states (Russonello). “Our federal overlords say ‘no singing’ and ‘no shouting’ on Thanksgiving”, Representative Paul Gosar, a Republican of Arizona, wrote as he retweeted a Centers for Disease Control list of Thanksgiving safety tips (Weiner). People were encouraged, by way of the White House and Republican leadership, to ignore health regulations and not to comply with social distancing measures and the wearing of masks (Tracy). This encouragement led to threats against proponents of face masks such as Dr Anthony Fauci, one of the nation’s foremost experts on infectious diseases, who required bodyguards because of the many threats on his life. Fauci’s critics — including President Trump — countered Fauci’s promotion of mask wearing by stating accusingly that he once said mask-wearing was not necessary for ordinary people (Kelly). Conspiracy theories as to the safety of vaccinations also grew across the course of the year. As the 2020 election approached, the Administration ramped up efforts to downplay the serious of the virus by identifying it with “the media” and illegitimate “partisan” efforts to undermine the Trump presidency. It also ramped up its criticism of China as the source of the infection. This political self-centeredness undermined state and federal efforts to slow transmission (Shear et al.). At the same time, Trump chided health officials for moving too slowly on vaccine approvals, repeated charges that high infection rates were due to increased testing, and argued that COVID-19 deaths were exaggerated by medical providers for political and financial reasons. These claims were amplified by various conservative media personalities such as Rush Limbaugh, and Sean Hannity and Laura Ingraham of Fox News. The result of this “COVID-19 Denialism” and the alternative narrative of COVID-19 policy told through the lens of culture war has resulted in the United States having the highest number of COVID-19 cases, and the highest number of COVID-19 deaths. At the same time, the underlying social consensus and social capital that have historically assisted in generating positive public health outcomes has been significantly eroded. According to the Pew Research Center, the share of U.S. adults who say public health officials such as those at the Centers for Disease Control and Prevention are doing an excellent or good job responding to the outbreak decreased from 79% in March to 63% in August, with an especially sharp decrease among Republicans (Pew Research Center 2020). Social Capital and COVID-19 From the perspective of social or community capital, it could be expected that the American response to the Pandemic would be more effective than the Chinese response. Historically, the United States has had high levels of social capital, a highly developed public health system, and strong governmental capacity. In contrast, China has a relatively high level of governmental and public health capacity, but the level of social capital has been lower and there is a significant presence of traditional values which emphasise parochial and particularistic values. Moreover, the antecedent institutions of social capital, such as weak and inefficient formal institutions (Batjargal et al.), environmental turbulence and resource scarcity along with the transactional nature of guanxi (gift-giving and information exchange and relationship dependence) militate against finding a more effective social and community response to the public health emergency. Yet China’s response has been significantly more successful than the Unites States’. Paradoxically, the American response under the Trump Administration and the Chinese response both relied on an externalisation of the both the threat and the justifications for their particular response. In the American case, President Trump, while downplaying the seriousness of the virus, consistently called it the “China virus” in an effort to deflect responsibly as well as a means to avert attention away from the public health impacts. As recently as 3 January 2021, Trump tweeted that the number of “China Virus” cases and deaths in the U.S. were “far exaggerated”, while critically citing the Centers for Disease Control and Prevention's methodology: “When in doubt, call it COVID-19. Fake News!” (Bacon). The Chinese Government, meanwhile, has pursued a more aggressive foreign policy across the South China Sea, on the frontier in the Indian sub-continent, and against states such as Australia who have criticised the initial Chinese response to COVID-19. To this international criticism, the government reiterated its sovereign rights and emphasised its “victimhood” in the face of “anti-China” foreign forces. Chinese state media also highlighted China as “victim” of the coronavirus, but also as a target of Western “political manoeuvres” when investigating the beginning stages of the pandemic. The major difference, however, is that public health policy in the United States was superimposed on other more fundamental political and cultural cleavages, and part of this externalisation process included the assignation of “otherness” and demonisation of internal political opponents or characterising political opponents as bent on destroying the United States. This assignation of “otherness” to various internal groups is a crucial element in the culture wars. While this may have been inevitable given the increasingly frayed nature of American society post-2008, such a characterisation has been activity pushed by local, state, and national leadership in the Republican Party and the Trump Administration (Vogel et al.). In such circ*mstances, minimising health risks and highlighting civil rights concerns due to public health measures, along with assigning blame to the democratic opposition and foreign states such as China, can have a major impact of public health responses. The result has been that social trust beyond the bubble of one’s immediate circle or those who share similar beliefs is seriously compromised — and the collective action problem presented by COVID-19 remains unsolved. Daniel Aldrich’s study of disasters in Japan, India, and US demonstrates that pre-existing high levels of social capital would lead to stronger resilience and better recovery (Aldrich). Social capital helps coordinate resources and facilitate the reconstruction collectively and therefore would lead to better recovery (Alesch et al.). Yet there has not been much research on how the pool of social capital first came about and how a disaster may affect the creation and store of social capital. Rebecca Solnit has examined five major disasters and describes that after these events, survivors would reach out and work together to confront the challenges they face, therefore increasing the social capital in the community (Solnit). However, there are studies that have concluded that major disasters can damage the social fabric in local communities (Peaco*ck et al.). The COVID-19 epidemic does not have the intensity and suddenness of other disasters but has had significant knock-on effects in increasing or decreasing social capital, depending on the institutional and social responses to the pandemic. In China, it appears that the positive social capital effects have been partially subsumed into a more generalised patriotic or nationalist affirmation of the government’s policy response. Unlike civil society responses to earlier crises, such as the 2008 Sichuan earthquake, there is less evidence of widespread community organisation and response to combat the epidemic at its initial stages. This suggests better institutional responses to the crisis by the government, but also a high degree of porosity between civil society and a national “imagined community” represented by the national state. The result has been an increased legitimacy for the Chinese government. Alternatively, in the United States the transformation of COVID-19 public health policy into a culture war issue has seriously impeded efforts to combat the epidemic in the short term by undermining the social consensus and social capital necessary to fight such a pandemic. Trust in American institutions is historically low, and President Trump’s untrue contention that President Biden’s election was due to “fraud” has further undermined the legitimacy of the American government, as evidenced by the attacks directed at Congress in the U.S. capital on 6 January 2021. As such, the lingering effects the pandemic will have on social, economic, and political institutions will likely reinforce the deep cultural and political cleavages and weaken interpersonal networks in American society. Conclusion The COVID-19 pandemic has devastated global public health and impacted deeply on the world economy. Unsurprisingly, given the serious economic, social, and political consequences, different government responses have been highly politicised. Various quarantine and infection case tracking methods have caused concern over state power intruding into private spheres. The usage of face masks, social distancing rules, and intra-state travel restrictions have aroused passionate debate over public health restrictions, individual liberty, and human rights. Yet underlying public health responses grounded in higher levels of social capital enhance the effectiveness of public health measures. In China, a country that has generally been associated with lower social capital, it is likely that the relatively strong policy response to COVID-19 will both enhance feelings of nationalism and Chinese exceptionalism and help create and increase the store of social capital. In the United States, the attribution of COVID-19 public health policy as part of the culture wars will continue to impede efforts to control the pandemic while further damaging the store of American community social capital that has assisted public health efforts over the past decades. References Adger, W. Neil. “Social Capital, Collective Action, and Adaptation to Climate Change.” Economic Geography 79.4 (2003): 387-404. Bacon, John. “Coronavirus Updates: Donald Trump Says US 'China Virus' Data Exaggerated; Dr. Anthony Fauci Protests, Draws President's Wrath.” USA Today 3 Jan. 2021. 4 Jan. 2021 <https://www.usatoday.com/story/news/health/2021/01/03/COVID-19-update-larry-king-ill-4-million-december-vaccinations-us/4114363001/>. Berry, Kate A. “Beyond the American Culture Wars.” Regions & Cohesion / Regiones y Cohesión / Régions et Cohésion 7.2 (Summer 2017): 90-95. Castillo, Juan C., Daniel Miranda, and Pablo Torres. “Authoritarianism, Social Dominance and Trust in Public Institutions.” Annual Scientific Meeting of the International Society of Political Psychology, Istanbul, 9-12 July 2011. 2 Jan. 2021 <https://pdfs.semanticscholar.org/>. Chapman, Roger. “Introduction, Culture Wars: Rhetoric and Reality.” Culture Wars: An Encyclopedia of Issues, Viewpoints, and Voices. Eds. Roger Chapman and M.E. Sharpe. 2010. 8-10. Chen, Jie, and Chunlong Lu. “Social Capital in Urban China: Attitudinal and Behavioral Effects on Grassroots Self-Government.” Social Science Quarterly 88.2 (June 2007): 422-442. China's State Council Information Office. “Fighting COVID-19: China in Action.” Xinhuanet 7 June 2020. 2 Sep. 2020 <http://www.xinhuanet.com/english/2020-06/07/c_139120424.htm?bsh_bid=551709954>. f*ckuyama, Francis. Trust: The Social Virtues and the Creation of Prosperity. Hamish Hamilton, 1995. Kelly, Mike. “Welcome to the COVID-19 Culture Wars. Why Are We Fighting about Masks?’ Yahoo News 4 Dec. 2020 <https://www.msn.com/en-us/news/us/welcome-to-the-COVID-19-culture-wars-why-are-we-fighting-about-masks-mike-kelly/ar-BB1bCOHN>. Luigi Guiso, Paola Sapienza, and Luigi Zingales, “Social Capital as Good Culture.” National Bureau of Economic Research Working Paper No. 13712. 2007. 18 ct. 2017 <http://www.nber.org/papers/w13712.pdf>. Malik, Nesrine. “The Right's Culture War Is No Longer a Sideshow to Our Politics – It Is Our Politics.” The Guardian 31 Aug. 2020. 6 Jan. 2021 <https://www.theguardian.com/commentisfree/2020/aug/31/the-rights-culture-war-politics-rightwing-fantasy-elections>. Offe, Carl. “How Can We Trust Our Fellow Citizens?” Democracy and Trust. Ed. M.E. Warren. Cambridge University Press, 1999. 42-87. Ostrom, Elinor, and T.K. Ahn. “The Meaning of Social Capital and Its Link to Collective Action.” Handbook of Social Capital: The Troika of Sociology, Political Science and Economics. Eds. Gert Tinggaard Svendsen and Gunnar Lind Haase Svendsen. Edward Elgar, 2009. 17–35. Paxton, Pamela. “Is Social Capital Declining in the United States? A Multiple Indicator Assessment.” American Journal of Sociology 105.1 (1999): 88-127. People.cn. “Hubeisheng Huanggangshi chufen dangyuan ganbu 337 ren.” [“337 Party Cadres Were Disciplined in Huanggang, Hubei Province.”] 2 Feb. 2020. 10 Sep. 2020 <http://fanfu.people.com.cn/n1/2020/0130/c64371-31565382.html>. ———. “Zai yiqing fangkong douzheng zhong zhangxian weida zhongguo jingshen.” [“Demonstrating the Great Spirit of China in Fighting the Pandemic.”] 7 Apr. 2020. 9 Sep. 2020 <http://opinion.people.com.cn/n1/2020/0407/c1003-31663076.html>. Peters, Jeremy W. “How Abortion, Guns and Church Closings Made Coronavirus a Culture War.” New York Times 20 Apr. 2020. 6 Jan. 2021 <http://www.nytimes.com/2020/04/20/us/politics/coronavirus-protests-democrats-republicans.html>. Pew Research Center. “Americans Give the U.S. Low Marks for Its Handling of COVID-19, and So Do People in Other Countries.” 21 Sep. 2020. 15 Jan. 2021 <https://www.pewresearch.org/fact-tank/2020/09/21/americans-give-the-u-s-low-marks-for-its-handling-of-covid-19-and-so-do-people-in-other-countries/>. Putnam, Robert D. “Bowling Alone: America’s Declining Social Capital.” Journal of Democracy 6.1 (1995): 65-78. ———. Making Democracy Work: Civic Traditions in Modern Italy. Princeton University Press, 1993. Roßteutscher, Sigrid. “Social Capital Worldwide: Potential for Democratization or Stabilizer of Authoritarian Rule?” American Behavioural Scientist 53.5 (2010): 737–757. Russonello, G. “What’s Driving the Right-Wing Protesters Fighting the Quarantine?” New York Times 17 Apr. 2020. 2 Jan. 2021 <http://www.nytimes.com/2020/04/17/us/politics/poll-watch-quarantine-protesters.html>. Shear, Michael D., Maggie Haberman, Noah Weiland, Sharon LaFraniere, and Mark Mazzetti. “Trump’s Focus as the Pandemic Raged: What Would It Mean for Him?” New York Times 31 Dec. 2020. 2 Jan. 2021 <https://www.nytimes.com/2020/12/31/us/politics/trump-coronavirus.html>. Tracy, Marc. “Anti-Lockdown Protesters Get in Reporters’ (Masked) Faces.” New York Times 13 May 2020. 5 Jan. 2021 <https://www.nytimes.com/2020/05/13/business/media/lockdown-protests-reporters.html>. Victoria Ombudsman. “Investigation into the Detention and Treatment of Public Housing Residents Arising from a COVID-19 ‘Hard Lockdown’ in July 2020.” Dec. 2020. 8 Jan. 2021 <https://assets.ombudsman.vic.gov.au/>. Vogel, Kenneth P., Jim Rutenberg, and Lisa Lerer. “The Quiet Hand of Conservative Groups in the Anti-Lockdown Protests.” New York Times 21 Apr. 2020. 2 Jan. 2021 <http://www.nytimes.com/2020/04/21/us/politics/coronavirus-protests-trump.html>. Weiner, Jennifer. “Fake ‘War on Christmas’ and the Real Battle against COVID-19.” New York Times 7 Dec. 2020. 6 Jan. 2021 <https://www.nytimes.com/2020/12/07/opinion/christmas-religion-COVID-19.html>. White, Gordon. “Civil Society, Democratization and Development: Clearing the Analytical Ground.” Civil Society in Democratization. Eds. Peter Burnell and Peter Calvert. Taylor & Francis, 2004. 375-390. Wu, Cary. “How Chinese Citizens View Their Government’s Coronavirus Response.” The Conversation 5 June 2020. 2 Sep. 2020 <https://theconversation.com/how-chinese-citizens-view-their-governments-coronavirus-response-139176>. Wu, Fengshi. “An Emerging Group Name ‘Gongyi’: Ideational Collectivity in China's Civil Society.” China Review 17.2 (2017): 123-150. ———. “Evolving State-Society Relations in China: Introduction.” China Review 17.2 (2017): 1-6. Xu, Bin. “Consensus Crisis and Civil Society: The Sichuan Earthquake Response and State-Society Relations.” The China Journal 71 (2014): 91-108. Xu, Juan. “Wei yiqing fangkong zhulao fazhi diba.” [“Build a Strong Legal ‘Dam’ for Disease Control.”] People.cn 24 Feb. 2020. 10 Sep. 2020 <http://opinion.people.com.cn/n1/2020/0224/c1003-31600409.html>.

Abstract:

The Australian Government has been actively evaluating how best to merge the functions of the Australian Communications Authority (ACA) and the Australian Broadcasting Authority (ABA) for around two years now. Broadly, the reason for this is an attempt to keep pace with the communications media transformations we reduce to the term “convergence.” Mounting pressure for restructuring is emerging as a site of turf contestation: the possibility of a regulatory “one-stop shop” for governments (and some industry players) is an end game of considerable force. But, from a public interest perspective, the case for a converged regulator needs to make sense to audiences using various media, as well as in terms of arguments about global, industrial, and technological change. This national debate about the institutional reshaping of media regulation is occurring within a wider global context of transformations in social, technological, and politico-economic frameworks of open capital and cultural markets, including the increasing prominence of international economic organisations, corporations, and Free Trade Agreements (FTAs). Although the recently concluded FTA with the US explicitly carves out a right for Australian Governments to make regulatory policy in relation to existing and new media, considerable uncertainty remains as to future regulatory arrangements. A key concern is how a right to intervene in cultural markets will be sustained in the face of cultural, politico-economic, and technological pressures that are reconfiguring creative industries on an international scale. While the right to intervene was retained for the audiovisual sector in the FTA, by contrast, it appears that comparable unilateral rights to intervene will not operate for telecommunications, e-commerce or intellectual property (DFAT). Blurring Boundaries A lack of certainty for audiences is a by-product of industry change, and further blurs regulatory boundaries: new digital media content and overlapping delivering technologies are already a reality for Australia’s media regulators. These hypothetical media usage scenarios indicate how confusion over the appropriate regulatory agency may arise: 1. playing electronic games that use racist language; 2. being subjected to deceptive or misleading pop-up advertising online 3. receiving messaged imagery on your mobile phone that offends, disturbs, or annoys; 4. watching a program like World Idol with SMS voting that subsequently raises charging or billing issues; or 5. watching a new “reality” TV program where products are being promoted with no explicit acknowledgement of the underlying commercial arrangements either during or at the end of the program. These are all instances where, theoretically, regulatory mechanisms are in place that allow individuals to complain and to seek some kind of redress as consumers and citizens. In the last scenario, in commercial television under the sector code, no clear-cut rules exist as to the precise form of the disclosure—as there is (from 2000) in commercial radio. It’s one of a number of issues the peak TV industry lobby Commercial TV Australia (CTVA) is considering in their review of the industry’s code of practice. CTVA have proposed an amendment to the code that will simply formalise the already existing practice . That is, commercial arrangements that assist in the making of a program should be acknowledged either during programs, or in their credits. In my view, this amendment doesn’t go far enough in post “cash for comment” mediascapes (Dwyer). Audiences have a right to expect that broadcasters, production companies and program celebrities are open and transparent with the Australian community about these kinds of arrangements. They need to be far more clearly signposted, and people better informed about their role. In the US, the “Commercial Alert” <http://www.commercialalert.org/> organisation has been lobbying the Federal Communications Commission and the Federal Trade Commission to achieve similar in-program “visual acknowledgements.” The ABA’s Commercial Radio Inquiry (“Cash-for-Comment”) found widespread systemic regulatory failure and introduced three new standards. On that basis, how could a “standstill” response by CTVA, constitute best practice for such a pervasive and influential medium as contemporary commercial television? The World Idol example may lead to confusion for some audiences, who are unsure whether the issues involved relate to broadcasting or telecommunications. In fact, it could be dealt with as a complaint to the Telecommunication Industry Ombudsman (TIO) under an ACA registered, but Australian Communications Industry Forum (ACIF) developed, code of practice. These kind of cross-platform issues may become more vexed in future years from an audience’s perspective, especially if reality formats using on-screen premium rate service numbers invite audiences to participate, by sending MMS (multimedia messaging services) images or short video grabs over wireless networks. The political and cultural implications of this kind of audience interaction, in terms of access, participation, and more generally the symbolic power of media, may perhaps even indicate a longer-term shift in relations with consumers and citizens. In the Internet example, the Australian Competition and Consumer Commission’s (ACCC) Internet advertising jurisdiction would apply—not the ABA’s “co-regulatory” Internet content regime as some may have thought. Although the ACCC deals with complaints relating to Internet advertising, there won’t be much traction for them in a more complex issue that also includes, say, racist or religious bigotry. The DVD example would probably fall between the remits of the Office of Film and Literature Classification’s (OFLC) new “convergent” Guidelines for the Classification of Film and Computer Games and race discrimination legislation administered by the Human Rights and Equal Opportunity Commission (HREOC). The OFLC’s National Classification Scheme is really geared to provide consumer advice on media products that contain sexual and violent imagery or coarse language, rather than issues of racist language. And it’s unlikely that a single person would have the locus standito even apply for a reclassification. It may fall within the jurisdiction of the HREOC depending on whether it was played in public or not. Even then it would probably be considered exempt on free speech grounds as an “artistic work.” Unsolicited, potentially illegal, content transmitted via mobile wireless devices, in particular 3G phones, provide another example of content that falls between the media regulation cracks. It illustrates a potential content policy “turf grab” too. Image-enabled mobile phones create a variety of novel issues for content producers, network operators, regulators, parents and viewers. There is no one government media authority or agency with a remit to deal with this issue. Although it has elements relating to the regulatory activities of the ACA, the ABA, the OFLC, the TIO, and TISSC, the combination of illegal or potentially prohibited content and its carriage over wireless networks positions it outside their current frameworks. The ACA may argue it should have responsibility for this kind of content since: it now enforces the recently enacted Commonwealth anti-Spam laws; has registered an industry code of practice for unsolicited content delivered over wireless networks; is seeking to include ‘adult’ content within premium rate service numbers, and, has been actively involved in consumer education for mobile telephony. It has also worked with TISSC and the ABA in relation to telephone sex information services over voice networks. On the other hand, the ABA would probably argue that it has the relevant expertise for regulating wirelessly transmitted image-content, arising from its experience of Internet and free and subscription TV industries, under co-regulatory codes of practice. The OFLC can also stake its claim for policy and compliance expertise, since the recently implemented Guidelines for Classification of Film and Computer Games were specifically developed to address issues of industry convergence. These Guidelines now underpin the regulation of content across the film, TV, video, subscription TV, computer games and Internet sectors. Reshaping Institutions Debates around the “merged regulator” concept have occurred on and off for at least a decade, with vested interests in agencies and the executive jockeying to stake claims over new turf. On several occasions the debate has been given renewed impetus in the context of ruling conservative parties’ mooted changes to the ownership and control regime. It’s tended to highlight demarcations of remit, informed as they are by historical and legal developments, and the gradual accretion of regulatory cultures. Now the key pressure points for regulatory change include the mere existence of already converged single regulatory structures in those countries with whom we tend to triangulate our policy comparisons—the US, the UK and Canada—increasingly in a context of debates concerning international trade agreements; and, overlaying this, new media formats and devices are complicating existing institutional arrangements and legal frameworks. The Department of Communications, Information Technology & the Arts’s (DCITA) review brief was initially framed as “options for reform in spectrum management,” but was then widened to include “new institutional arrangements” for a converged regulator, to deal with visual content in the latest generation of mobile telephony, and other image-enabled wireless devices (DCITA). No other regulatory agencies appear, at this point, to be actively on the Government’s radar screen (although they previously have been). Were the review to look more inclusively, the ACCC, the OFLC and the specialist telecommunications bodies, the TIO and the TISSC may also be drawn in. Current regulatory arrangements see the ACA delegate responsibility for broadcasting services bands of the radio frequency spectrum to the ABA. In fact, spectrum management is the turf least contested by the regulatory players themselves, although the “convergent regulator” issue provokes considerable angst among powerful incumbent media players. The consensus that exists at a regulatory level can be linked to the scientific convention that holds the radio frequency spectrum is a continuum of electromagnetic bands. In this view, it becomes artificial to sever broadcasting, as “broadcasting services bands” from the other remaining highly diverse communications uses, as occurred from 1992 when the Broadcasting Services Act was introduced. The prospect of new forms of spectrum charging is highly alarming for commercial broadcasters. In a joint submission to the DCITA review, the peak TV and radio industry lobby groups have indicated they will fight tooth and nail to resist new regulatory arrangements that would see a move away from the existing licence fee arrangements. These are paid as a sliding scale percentage of gross earnings that, it has been argued by Julian Thomas and Marion McCutcheon, “do not reflect the amount of spectrum used by a broadcaster, do not reflect the opportunity cost of using the spectrum, and do not provide an incentive for broadcasters to pursue more efficient ways of delivering their services” (6). An economic rationalist logic underpins pressure to modify the spectrum management (and charging) regime, and undoubtedly contributes to the commercial broadcasting industry’s general paranoia about reform. Total revenues collected by the ABA and the ACA between 1997 and 2002 were, respectively, $1423 million and $3644.7 million. Of these sums, using auction mechanisms, the ABA collected $391 million, while the ACA collected some $3 billion. The sale of spectrum that will be returned to the Commonwealth by television broadcasters when analog spectrum is eventually switched off, around the end of the decade, is a salivating prospect for Treasury officials. The large sums that have been successfully raised by the ACA boosts their position in planning discussions for the convergent media regulatory agency. The way in which media outlets and regulators respond to publics is an enduring question for a democratic polity, irrespective of how the product itself has been mediated and accessed. Media regulation and civic responsibility, including frameworks for negotiating consumer and citizen rights, are fundamental democratic rights (Keane; Tambini). The ABA’s Commercial Radio Inquiry (‘cash for comment’) has also reminded us that regulatory frameworks are important at the level of corporate conduct, as well as how they negotiate relations with specific media audiences (Johnson; Turner; Gordon-Smith). Building publicly meaningful regulatory frameworks will be demanding: relationships with audiences are often complex as people are constructed as both consumers and citizens, through marketised media regulation, institutions and more recently, through hybridising program formats (Murdock and Golding; Lumby and Probyn). In TV, we’ve seen the growth of infotainment formats blending entertainment and informational aspects of media consumption. At a deeper level, changes in the regulatory landscape are symptomatic of broader tectonic shifts in the discourses of governance in advanced information economies from the late 1980s onwards, where deregulatory agendas created an increasing reliance on free market, business-oriented solutions to regulation. “Co-regulation” and “self-regulation’ became the preferred mechanisms to more direct state control. Yet, curiously contradicting these market transformations, we continue to witness recurring instances of direct intervention on the basis of censorship rationales (Dwyer and Stockbridge). That digital media content is “converging” between different technologies and modes of delivery is the norm in “new media” regulatory rhetoric. Others critique “visions of techno-glory,” arguing instead for a view that sees fundamental continuities in media technologies (Winston). But the socio-cultural impacts of new media developments surround us: the introduction of multichannel digital and interactive TV (in free-to-air and subscription variants); broadband access in the office and home; wirelessly delivered content and mobility, and, as Jock Given notes, around the corner, there’s the possibility of “an Amazon.Com of movies-on-demand, with the local video and DVD store replaced by online access to a distant server” (90). Taking a longer view of media history, these changes can be seen to be embedded in the global (and local) “innovation frontier” of converging digital media content industries and its transforming modes of delivery and access technologies (QUT/CIRAC/Cutler & Co). The activities of regulatory agencies will continue to be a source of policy rivalry and turf contestation until such time as a convergent regulator is established to the satisfaction of key players. However, there are risks that the benefits of institutional reshaping will not be readily available for either audiences or industry. In the past, the idea that media power and responsibility ought to coexist has been recognised in both the regulation of the media by the state, and the field of communications media analysis (Curran and Seaton; Couldry). But for now, as media industries transform, whatever the eventual institutional configuration, the evolution of media power in neo-liberal market mediascapes will challenge the ongoing capacity for interventions by national governments and their agencies. Works Cited Australian Broadcasting Authority. Commercial Radio Inquiry: Final Report of the Australian Broadcasting Authority. Sydney: ABA, 2000. Australian Communications Information Forum. Industry Code: Short Message Service (SMS) Issues. Dec. 2002. 8 Mar. 2004 <http://www.acif.org.au/__data/page/3235/C580_Dec_2002_ACA.pdf >. Commercial Television Australia. Draft Commercial Television Industry Code of Practice. Aug. 2003. 8 Mar. 2004 <http://www.ctva.com.au/control.cfm?page=codereview&pageID=171&menucat=1.2.110.171&Level=3>. Couldry, Nick. The Place of Media Power: Pilgrims and Witnesses of the Media Age. London: Routledge, 2000. Curran, James, and Jean Seaton. Power without Responsibility: The Press, Broadcasting and New Media in Britain. 6th ed. London: Routledge, 2003. Dept. of Communication, Information Technology and the Arts. Options for Structural Reform in Spectrum Management. Canberra: DCITA, Aug. 2002. ---. Proposal for New Institutional Arrangements for the ACA and the ABA. Aug. 2003. 8 Mar. 2004 <http://www.dcita.gov.au/Article/0,,0_1-2_1-4_116552,00.php>. Dept. of Foreign Affairs and Trade. Australia-United States Free Trade Agreement. Feb. 2004. 8 Mar. 2004 <http://www.dfat.gov.au/trade/negotiations/us_fta/outcomes/11_audio_visual.php>. Dwyer, Tim. Submission to Commercial Television Australia’s Review of the Commercial Television Industry’s Code of Practice. Sept. 2003. Dwyer, Tim, and Sally Stockbridge. “Putting Violence to Work in New Media Policies: Trends in Australian Internet, Computer Game and Video Regulation.” New Media and Society 1.2 (1999): 227-49. Given, Jock. America’s Pie: Trade and Culture After 9/11. Sydney: U of NSW P, 2003. Gordon-Smith, Michael. “Media Ethics After Cash-for-Comment.” The Media and Communications in Australia. Ed. Stuart Cunningham and Graeme Turner. Sydney: Allen and Unwin, 2002. Johnson, Rob. Cash-for-Comment: The Seduction of Journo Culture. Sydney: Pluto, 2000. Keane, John. The Media and Democracy. Cambridge: Polity, 1991. Lumby, Cathy, and Elspeth Probyn, eds. Remote Control: New Media, New Ethics. Melbourne: Cambridge UP, 2003. Murdock, Graham, and Peter Golding. “Information Poverty and Political Inequality: Citizenship in the Age of Privatized Communications.” Journal of Communication 39.3 (1991): 180-95. QUT, CIRAC, and Cutler & Co. Research and Innovation Systems in the Production of Digital Content and Applications: Report for the National Office for the Information Economy. Canberra: Commonwealth of Australia, Sept. 2003. Tambini, Damian. Universal Access: A Realistic View. IPPR/Citizens Online Research Publication 1. London: IPPR, 2000. Thomas, Julian and Marion McCutcheon. “Is Broadcasting Special? Charging for Spectrum.” Conference paper. ABA conference, Canberra. May 2003. Turner, Graeme. “Talkback, Advertising and Journalism: A cautionary tale of self-regulated radio”. International Journal of Cultural Studies 3.2 (2000): 247-255. ---. “Reshaping Australian Institutions: Popular Culture, the Market and the Public Sphere.” Culture in Australia: Policies, Publics and Programs. Ed. Tony Bennett and David Carter. Melbourne: Cambridge UP, 2001. Winston, Brian. Media, Technology and Society: A History from the Telegraph to the Internet. London: Routledge, 1998. Web Links http://www.aba.gov.au http://www.aca.gov.au http://www.accc.gov.au http://www.acif.org.au http://www.adma.com.au http://www.ctva.com.au http://www.crtc.gc.ca http://www.dcita.com.au http://www.dfat.gov.au http://www.fcc.gov http://www.ippr.org.uk http://www.ofcom.org.uk http://www.oflc.gov.au Links http://www.commercialalert.org/ Citation reference for this article MLA Style Dwyer, Tim. "Transformations" M/C: A Journal of Media and Culture <http://www.media-culture.org.au/0403/06-transformations.php>. APA Style Dwyer, T. (2004, Mar17). Transformations. M/C: A Journal of Media and Culture, 7, <http://www.media-culture.org.au/0403/06-transformations.php>

Abstract:

In this paper we explore the rise of anti-gambling apps in the context of the massive expansion of gambling in new spheres of life (online and offline) and an acceleration in strategies of anticipatory and individualised management of harm caused by gambling. These apps, and the techniques and forms of labour they demand, are examples of and a mechanism through which a mode of governance premised on ‘self-care’ and ‘self-control’ is articulated and put into practice. To support this argument, we explore two government initiatives in the Australian context. Quit Pokies, a mobile app project between the Moreland City Council, North East Primary Care Partnership and the Victorian Local Governance Association, is an example of an emerging service paradigm of ‘self-care’ that uses online and mobile platforms with geo-location to deliver real time health and support interventions. A similar mobile app, Gambling Terminator, was launched by the NSW government in late 2012. Both apps work on the premise that interrupting a gaming session through a trigger, described by Quit Pokies’ creator as a “tap on the shoulder” provides gamblers the opportunity to take a reflexive stance and cut short their gambling practice in the course of play. We critically examine these apps as self-disciplining techniques of contemporary neo-liberalism directed towards anticipating and reducing the personal harm and social risk associated with gambling. We analyse the material and discursive elements, and new forms of user labour, through which this consumable media is framed and assembled. We argue that understanding the role of these apps, and mobile media more generally, in generating new techniques and technologies of the self, is important for identifying emerging modes of governance and their implications at a time when gambling is going through an immense period of cultural normalisation in online and offline environments. The Australian context is particularly germane for the way gambling permeates everyday spaces of sociality and leisure, and the potential of gambling interventions to interrupt and re-configure these spaces and institute a new kind of subject-state relation. Gambling in Australia Though a global phenomenon, the growth and expansion of gambling manifests distinctly in Australia because of its long cultural and historical attachment to games of chance. Australians are among the biggest betters and losers in the world (Ziolkowski), mainly on Electronic Gaming Machines (EGM) or pokies. As of 2013, according to The World Count of Gaming Machine (Ziolkowski), there were 198,150 EGMs in the country, of which 197,274 were slot machines, with the rest being electronic table games of roulette, blackjack and poker. There are 118 persons per machine in Australia. New South Wales is the jurisdiction with most EGMs (95,799), followed by Queensland (46,680) and Victoria (28,758) (Ziolkowski). Gambling is significant in Australian cultural history and average Australian households spend at least some money on different forms of gambling, from pokies to scratch cards, every year (Worthington et al.). In 1985, long-time gambling researcher Geoffrey Caldwell stated thatAustralians seem to take a pride in the belief that we are a nation of gamblers. Thus we do not appear to be ashamed of our gambling instincts, habits and practices. Gambling is regarded by most Australians as a normal, everyday practice in contrast to the view that gambling is a sinful activity which weakens the moral fibre of the individual and the community. (Caldwell 18) The omnipresence of gambling opportunities in most Australian states has been further facilitated by the availability of online and mobile gambling and gambling-like spaces. Social casino apps, for instance, are widely popular in Australia. The slots social casino app Slotomania was the most downloaded product in the iTunes store in 2012 (Metherell). In response to the high rate of different forms of gambling in Australia, a range of disparate interest groups have identified the expansion of gambling as a concerning trend. Health researchers have pointed out that online gamblers have a higher risk of experiencing problems with gambling (at 30%) compared to 15% in offline bettors (Hastings). The incidence of gambling problems is also disproportionately high in specific vulnerable demographics, including university students (Cervini), young adults prone to substance abuse problems (Hayatbakhsh et al.), migrants (Tanasornnarong et al.; Scull & Woolco*ck; Ohtsuka & Ohtsuka), pensioners (Hing & Breen), female players (Lee), Aboriginal communities (Young et al.; McMillen & Donnelly) and individuals experiencing homelessness (Holsworth et al.). While there is general recognition of the personal and public health impacts of gambling in Australia, there is a contradiction in the approach to gambling at a governance level. On one hand, its expansion is promoted and even encouraged by the federal and state governments, as gambling is an enormous source of revenue, as evidenced, for example, by the construction of the new Crown casino in Barangaroo in Sydney (Markham & Young). Campaigns trying to limit the use of poker machines, which are associated with concerns over problem gambling and addiction, are deemed by the gambling lobby as un-Australian. Paradoxically, efforts to restrict gambling or control gambling winnings have also been described as un-Australian, such as in the Australian Taxation Office’s campaign against MONA’s founder, David Walsh, whose immense art collection was acquired with the funds from a gambling scheme (Global Mail). On the other hand, people experiencing problems with gambling are often categorised as addicts and the ultimate blame (and responsibility) is attributed to the individual. In Australia, attitudes towards people who are arguably addicted to gambling are different than those towards individuals afflicted by alcohol or drug abuse (Jean). While “Australians tend to be sympathetic towards people with alcohol and other drug addictions who seek help,” unless it is seen as one of the more socially acceptable forms of occasional, controlled gambling (such as sports betting, gambling on the Melbourne Cup or celebrating ANZAC Day with Two-Up), gambling is framed as an individual “problem” and “moral failing” (Jean). The expansion of gambling is the backdrop to another development in health care and public health discourse, which have for some time now been devoted to the ideal of what Lupton has called the “digitally engaged patient” (Lupton). Technologies are central to the delivery of this model of health service provision that puts the patient at the centre of, and responsible for, their own health and medical care. Lupton has pointed out how this discourse, while appearing new, is in fact the latest version of the 1970s emphasis on the ‘patient as consumer’, an idea given an extra injection by the massive development and availability of digital and interactive web-based and mobile platforms, many of these directed towards the provision of health and health-related information and services. What this means for patients is that, rather than relying solely on professional medical expertise and care, the patient is encouraged to take on some of this medical/health work to conduct practices of ‘self-care’ (Lupton). The Discourse of ‘Self-Management’ and ‘Self-Care’ The model of ‘self-care’ and ‘self-management’ by ‘empowering’ digital technology has now become a dominant discourse within health and medicine, and is increasingly deployed across a range of related sectors such as welfare services. In recent research conducted on homelessness and mobile media, for example, government department staff involved in the reform of welfare services referred to ‘self-management’ as the new service paradigm that underpins their digital reform strategy. Echoing ideas and language similar to the “digitally engaged patient”, customers of Centrelink, Medicare and other ‘human services’ are being encouraged (through planned strategic initiatives aimed at shifting targeted customer groups online) to transact with government services digitally and manage their own personal profiles and health information. One departmental staff member described this in terms of an “opportunity cost”, the savings in time otherwise spent standing in long queues in service centres (Humphry). Rather than view these examples as isolated incidents taking place within or across sectors or disciplines, these are better understood as features of an emerging ‘discursive formation’ , a term Foucault used to describe the way in which particular institutions and/or the state establish a regime of truth, or an accepted social reality and which gives definition to a new historical episteme and subject: in this case that of the self-disciplined and “digitally engaged medical/health patient”. As Foucault explained, once this subject has become fully integrated into and across the social field, it is no longer easy to excavate, since it lies below the surface of articulation and is held together through everyday actions, habits and institutional routines and techniques that appear to be universal, necessary and/normal. The way in which this citizen subject becomes a universal model and norm, however, is not a straightforward or linear story and since we are in the midst of its rise, is not a story with a foretold conclusion. Nevertheless, across a range of different fields of governance: medicine; health and welfare, we can see signs of this emerging figure of the self-caring “digitally engaged patient” constituted from a range of different techniques and practices of self-governance. In Australia, this figure is at the centre of a concerted strategy of service digitisation involving a number of cross sector initiatives such as Australia’s National EHealth Strategy (2008), the National Digital Economy Strategy (2011) and the Australian Public Service Mobile Roadmap (2013). This figure of the self-caring “digitally engaged” patient, aligns well and is entirely compatible with neo-liberal formulations of the individual and the reduced role of the state as a provider of welfare and care. Berry refers to Foucault’s definition of neoliberalism as outlined in his lectures to the College de France as a “particular form of post-welfare state politics in which the state essentially outsources the responsibility of the ‘well-being' of the population” (65). In the case of gambling, the neoliberal defined state enables the wedding of two seemingly contradictory stances: promoting gambling as a major source of revenue and capitalisation on the one hand, and identifying and treating gambling addiction as an individual pursuit and potential risk on the other. Risk avoidance strategies are focused on particular groups of people who are targeted for self-treatment to avoid the harm of gambling addiction, which is similarly framed as individual rather than socially and systematically produced. What unites and makes possible this alignment of neoliberalism and the new “digitally engaged subject/patient” is first and foremost, the construction of a subject in a chronic state of ill health. This figure is positioned as terminal from the start. They are ‘sick’, a ‘patient’, an ‘addict’: in need of immediate and continuous treatment. Secondly, this neoliberal patient/addict is enabled (we could even go so far as to say ‘empowered’) by digital technology, especially smartphones and the apps available through these devices in the form of a myriad of applications for intervening and treating ones afflictions. These apps range fromself-tracking programs such as mood regulators through to social media interventions. Anti-Pokie Apps and the Neoliberal Gambler We now turn to two examples which illustrate this alignment between neoliberalism and the new “digitally engaged subject/patient” in relation to gambling. Anti-gambling apps function to both replace or ‘take the place’ of institutions and individuals actively involved in the treatment of problem gambling and re-engineer this service through the logics of ‘self-care’ and ‘self-management’. Here, we depart somewhat from Foucault’s model of disciplinary power summed up in the institution (with the prison exemplifying this disciplinary logic) and move towards Deleuze’s understanding of power as exerted by the State not through enclosures but through diffuse and rhizomatic information flows and technologies (Deleuze). At the same time, we retain Foucault’s attention to the role and agency of the user in this power-dynamic, identifiable in the technics of self-regulation and in his ideas on governmentality. We now turn to analyse these apps more closely, and explore the way in which these articulate and perform these disciplinary logics. The app Quit Pokies was a joint venture of the North East Primary Care Partnership, the Victorian Local Governance Association and the Moreland City Council, launched in early 2014. The idea of the rational, self-reflexive and agentic user is evident in the description of the app by app developer Susan Rennie who described it this way: What they need is for someone to tap them on the shoulder and tell them to get out of there… I thought the phone could be that tap on the shoulder. The “tap on the shoulder” feature uses geolocation and works by emitting a sound alert when the user enters a gaming venue. It also provides information about each user’s losses at that venue. This “tap on the shoulder” is both an alert and a reprimand from past gambling sessions. Through the Responsible Gambling Fund, the NSW government also launched an anti-pokie app in 2013, Gambling Terminator, including a similar feature. The app runs on Apple and Android smartphone platforms, and when a person is inside a gambling venue in New South Wales it: sends reminder messages that interrupt gaming-machine play and gives you a chance to re-think your choices. It also provides instant access to live phone and online counselling services which operate 24 hours a day, seven days a week. (Google Play Store) Yet an approach that tries to prevent harm by anticipating the harm that will come from gambling at the point of entering a venue, also eliminates the chance of potential negotiations and encounters a user might have during a visit to the pub and how this experience will unfold. It reduces the “tap on the shoulder”, which may involve a far wider set of interactions and affects, to a software operation and it frames the pub or the club (which under some conditions functions as hubs for socialization and community building) as dangerous places that should be avoided. This has the potential to lead to further stigmatisation of gamblers, their isolation and their exclusion from everyday spaces. Moreland Mayor, Councillor Tapinos captures the implicit framing of self-care as a private act in his explanation of the app as a method for problem gamblers to avoid being stigmatised by, for example, publicly attending group meetings. Yet, curiously, the app has the potential to create a new kind of public stigmatisation through potentially drawing other peoples’ attention to users’ gambling play (as the alarm is triggered) generating embarrassment and humiliation at being “caught out” in an act framed as aberrant and literally, “alarming”. Both Quit Pokies and Gambling Terminator require their users to perform ‘acts’ of physical and affective labour aimed at behaviour change and developing the skills of self-control. After downloading Quit Pokies on the iPhone and launching the app, the user is presented an initial request: “Before you set up this app. please write a list of the pokies venues that you regularly use because the app will ask you to identify these venues so it can send you alerts if you spend time in these locations. It will also use your set up location to identify other venues you might use so we recommend that you set up the App in the location where you spend most time. Congratulation on choosing Quit Pokies.”Self-performed processes include installation, setting up, updating the app software, programming in gambling venues to be detected by the smartphone’s inbuilt GPS, monitoring and responding to the program’s alerts and engaging in alternate “legitimate” forms of leisure such as going to the movies or the library, having coffee with a friend or browsing Facebook. These self-performed labours can be understood as ‘technologies of the self’, a term used by Foucault to describe the way in which social members are obliged to regulate and police their ‘selves’ through a range of different techniques. While Foucault traces the origins of ‘technologies of the self’ to the Greco-Roman texts with their emphasis on “care of oneself” as one of the duties of citizenry, he notes the shift to “self-knowledge” under Christianity around the 8th century, where it became bound up in ideals of self-renunciation and truth. Quit Pokies and Gambling Terminator may signal a recuperation of the ideal of self-care, over confession and disclosure. These apps institute a set of bodily activities and obligations directed to the user’s health and wellbeing, aided through activities of self-examination such as charting your recovery through a Recovery Diary and implementing a number of suggested “Strategies for Change” such as “writing a list” and “learning about ways to manage your money better”. Writing is central to the acts of self-examination. As Jeremy Prangnell, gambling counsellor from Mission Australia for Wollongong and Shellharbour regions explained the app is “like an electronic diary, which is a really common tool for people who are trying to change their behaviour” (Thompson). The labours required by users are also implicated in the functionality and performance of the platform itself suggesting the way in which ‘technologies of the self’ simultaneously function as a form of platform work: user labour that supports and sustains the operation of digital systems and is central to the performance and continuation of digital capitalism in general (Humphry, Demanding Media). In addition to the acts of labour performed on the self and platform, bodies are themselves potentially mobilised (and put into new circuits of consumption and production), as a result of triggers to nudge users away from gambling venues, towards a range of other cultural practices in alternative social spaces considered to be more legitimate.Conclusion Whether or not these technological interventions are effective or successful is yet to be tested. Indeed, the lack of recent activity in the community forums and preponderance of issues reported on installation and use suggests otherwise, pointing to a need for more empirical research into these developments. Regardless, what we’ve tried to identify is the way in which apps such as these embody a new kind of subject-state relation that emphasises self-control of gambling harm and hastens the divestment of institutional and social responsibility at a time when gambling is going through an immense period of expansion in many respects backed by and sanctioned by the state. Patterns of smartphone take up in the mainstream population and the rise of the so called ‘mobile only population’ (ACMA) provide support for this new subject and service paradigm and are often cited as the rationale for digital service reform (APSMR). Media convergence feeds into these dynamics: service delivery becomes the new frontier for the merging of previously separate media distribution systems (Dwyer). Letters, customer service centres, face-to-face meetings and web sites, are combined and in some instances replaced, with online and mobile media platforms, accessible from multiple and mobile devices. These changes are not, however, simply the migration of services to a digital medium with little effective change to the service itself. Health and medical services are re-invented through their technological re-assemblage, bringing into play new meanings, practices and negotiations among the state, industry and neoliberal subjects (in the case of problem gambling apps, a new subjectivity, the ‘neoliberal addict’). These new assemblages are as much about bringing forth a new kind of subject and mode of governance, as they are a solution to problem gambling. This figure of the self-treating “gambler addict” can be seen to be a template for, and prototype of, a more generalised and universalised self-governing citizen: one that no longer needs or makes demands on the state but who can help themselves and manage their own harm. Paradoxically, there is the potential for new risks and harms to the very same users that accompanies this shift: their outright exclusion as a result of deprivation from basic and assumed digital access and literacy, the further stigmatisation of gamblers, the elimination of opportunities for proximal support and their exclusion from everyday spaces. References Albarrán-Torres, César. “Gambling-Machines and the Automation of Desire.” Platform: Journal of Media and Communication 5.1 (2013). Australian Communications and Media Authority. “Australians Cut the Cord.” Research Snapshots. Sydney: ACMA (2013) Berry, David. Critical Theory and the Digital. Broadway, New York: Bloomsbury Academic, 2014 Berry, David. Stunlaw: A Critical Review of Politics, Arts and Technology. 2012. ‹http://stunlaw.blogspot.com.au/2012/03/code-foucault-and-neoliberal.html›. Caldwell, G. “Some Historical and Sociological Characteristics of Australian Gambling.” Gambling in Australia. Eds. G. Caldwell, B. Haig, M. Dickerson, and L. Sylan. Sydney: Croom Helm Australia, 1985. 18-27. Cervini, E. “High Stakes for Gambling Students.” The Age 8 Nov. 2013. ‹http://www.theage.com.au/national/education/high-stakes-for-gambling-students-20131108-2x5cl.html›. Deleuze, Gilles. "Postscript on the Societies of Control." October (1992): 3-7. Foucault, Michel. “Technologies of the Self.” Eds. Luther H. Martin, Huck Gutman and Patrick H. Hutton. Boston: University of Massachusetts Press, 1988 Hastings, E. “Online Gamblers More at Risk of Addiction.” Herald Sun 13 Oct. 2013. ‹http://www.heraldsun.com.au/news/online-gamblers-more-at-risk-of-addiction/story-fni0fiyv-1226739184629#!›.Hayatbakhsh, Mohammad R., et al. "Young Adults' Gambling and Its Association with Mental Health and Substance Use Problems." Australian and New Zealand Journal of Public Health 36.2 (2012): 160-166. Hing, Nerilee, and Helen Breen. "A Profile of Gaming Machine Players in Clubs in Sydney, Australia." Journal of Gambling Studies 18.2 (2002): 185-205. Holdsworth, Louise, Margaret Tiyce, and Nerilee Hing. "Exploring the Relationship between Problem Gambling and Homelessness: Becoming and Being Homeless." Gambling Research 23.2 (2012): 39. Humphry, Justine. “Demanding Media: Platform Work and the Shaping of Work and Play.” Scan: Journal of Media Arts Culture, 10.2 (2013): 1-13. Humphry, Justine. “Homeless and Connected: Mobile Phones and the Internet in the Lives of Homeless Australians.” Australian Communications Consumer Action Network. Sep. 2014. ‹https://www.accan.org.au/grants/completed-grants/619-homeless-and-connected›.Lee, Timothy Jeonglyeol. "Distinctive Features of the Australian Gambling Industry and Problems Faced by Australian Women Gamblers." Tourism Analysis 14.6 (2009): 867-876. Lupton, D. “The Digitally Engaged Patient: Self-Monitoring and Self-Care in the Digital Health Era.” Social Theory & Health 11.3 (2013): 256-70. Markham, Francis, and Martin Young. “Packer’s Barangaroo Casino and the Inevitability of Pokies.” The Conversation 9 July 2013. ‹http://theconversation.com/packers-barangaroo-casino-and-the-inevitability-of-pokies-15892›. Markham, Francis, and Martin Young. “Who Wins from ‘Big Gambling’ in Australia?” The Conversation 6 Mar. 2014. ‹http://theconversation.com/who-wins-from-big-gambling-in-australia-22930›.McMillen, Jan, and Katie Donnelly. "Gambling in Australian Indigenous Communities: The State of Play." The Australian Journal of Social Issues 43.3 (2008): 397. Ohtsuka, Keis, and Thai Ohtsuka. “Vietnamese Australian Gamblers’ Views on Luck and Winning: Universal versus Culture-Specific Schemas.” Asian Journal of Gambling Issues and Public Health 1.1 (2010): 34-46. Scull, Sue, Geoffrey Woolco*ck. “Problem Gambling in Non-English Speaking Background Communities in Queensland, Australia: A Qualitative Exploration.” International Gambling Studies 5.1 (2005): 29-44. Tanasornnarong, Nattap*rn, Alun Jackson, and Shane Thomas. “Gambling among Young Thai People in Melbourne, Australia: An Exploratory Study.” International Gambling Studies 4.2 (2004): 189-203. Thompson, Angela, “Live Gambling Odds Tipped for the Chop.” Illawarra Mercury 22 May 2013: 6. Metherell, Mark. “Virtual Pokie App a Hit - But ‘Not Gambling.’” Sydney Morning Herald 13 Jan. 2013. ‹http://www.smh.com.au/digital-life/smartphone-apps/virtual-pokie-app-a-hit--but-not-gambling-20130112-2cmev.html#ixzz2QVlsCJs1›. Worthington, Andrew, et al. "Gambling Participation in Australia: Findings from the National Household Expenditure Survey." Review of Economics of the Household 5.2 (2007): 209-221. Young, Martin, et al. "The Changing Landscape of Indigenous Gambling in Northern Australia: Current Knowledge and Future Directions." International Gambling Studies 7.3 (2007): 327-343. Ziolkowski, S. “The World Count of Gaming Machines 2013.” Gaming Technologies Association, 2014. ‹http://www.gamingta.com/pdf/World_Count_2014.pdf›.

Abstract:

Parity between the sexes, harmony between the religions, balance between the cultural differences: these principles all hinge upon the idealistic concept of all things in our human society being equal. In this issue of M/C Journal the notion of ‘equal’ is reviewed and discussed in terms of both its discourse and its application in real life. Beyond the concept of equal itself, uniting each author’s contribution is acknowledgement of the competing objectives which can promote bias and prejudice. Indeed, it is that prejudice, concomitant to the absence of equal treatment by and for all peoples, which is always of concern for the pursuit of social justice. Although it has been reduced to a brand-name of low calorie sugar substitute in the Australian supermarket and cafe set, the philosophical values and objectives behind the concept of equal underpin some of the most highly prized and esteemed ideals of western liberal democracy and its ideas on justice. To be equal in the modern sense means to be empowered, to enjoy the same entitlements as others and to have the same rights. At the same time, the privileges associated with being equal also come with responsibilities and it these that we continue to struggle with in our supposed enlightened age. The ideals we associate with equal are far from new, since they have informed ideas about citizenship and justice at least from the times of Ancient Greece and perhaps more problematically, the Principate period of the Roman Empire. It was out of the Principate that the notion primus inter pares (‘first among equals’) was implemented under Augustus in an effort to reconcile his role as Emperor within the Republic of Rome. This oxymoron highlights how very early in the history of Western thought inevitable compromises arose between the pursuit of equal treatment and its realisation. After all, Rome is as renowned for its Empire and Senate as it is for the way lions were fed Christians for entertainment. In the modern and postmodern world, the values around the concept of equal have become synonymous with the issue of equality, equal being a kind of applied action that has mobilised and enacted its ideals. With equality we are able to see more clearly the dialectic challenging the thesis of equal, the antitheses of unequal, and inequality. What these antitheses of equal accentuate is that anything to do with equality entails struggle and hard won gains. In culture, as in nature, things are rarely equal from the outset. As Richard Dawkins outlined in The Selfish Gene, “sperms and eggs … contribute equal number of genes, but eggs contribute far more in the way of food reserves … . Female exploitation begins here” (153). Disparities that promote certain advantages and disadvantages seem hard-wired into our chemistry, biology and subsequent natural and cultural environments. So to strive for the values around an ideal of equal means overcoming some major biological and social determinants. In other words, equality is not a pursuit for the uncommitted. Disparity, injustice, disempowerment, subjugations, winners and losers, victors and victims, oppressors and oppressed: these are the polarities that have been the hallmarks of human civilization. Traditionally, societies are slow to recognise contemporary contradictions and discriminations that deny the ideals and values that would otherwise promote a basis of equality. Given the right institutional apparatus, appropriate cultural logic and individual rationales, that which is unequal and unjust is easily absorbed and subscribed to by the most ardent defender of liberty and equality. Yet we do not have to search far afield in either time or geography to find evidence of institutionalised cultural barbarity that was predicated on logics of inequality. In the post-renaissance West, slavery is the most prominent example of a system that was highly rationalised, institutionalised, adhered to, and supported and exploited by none other than the children of the Enlightenment. The man who happened to be the principle author of one of the most renowned and influential documents ever written, the Declaration of Independence (1776), which proclaimed, “all men are created equal”, was Thomas Jefferson. He also owned 200 slaves. In the accompanying Constitution of the United States, twelve other amendments managed to take precedence over the abolition of slavery, meaning America was far from the ‘Land of the Free’ until 1865. Equal treatment of people in the modern world still requires lengthy and arduous battle. Equal rights and equal status continues to only come about after enormous sacrifices followed by relentless and incremental processes of jurisprudence. One of the most protracted struggles for equal standing throughout history and which has accompanied industrial modernity is, of course, that of class struggle. As a mass movement it represents one of the most sustained challenges to the many barriers preventing the distribution of basic universal human rights amongst the global population. Representing an epic movement of colossal proportions, the struggle for class equality, begun in the fiery cauldron of the 19th century and the industrial revolution, continued to define much of the twentieth century and has left a legacy of emancipation perhaps unrivalled on scale by any other movement at any other time in history. Overcoming capitalism’s inherent powers of oppression, the multitude of rights delivered by class struggle to once voiceless and downtrodden masses, including humane working conditions, fair wages and the distribution of wealth based on ideals of equal shares, represent the core of some of its many gains. But if anyone thought the central issues around class struggle and workers rights has been reconciled, particularly in Australia, one need only look back at the 2007 Federal election. The backlash against the Howard Government’s industrial relations legislation, branded ‘Work Choices’, should serve as a potent reminder of what the community deems fair and equitable when it comes to labor relations even amidst new economy rhetoric. Despite the epic scale and the enormous depth and breadth of class struggle across the twentieth century, in the West, the fight began to be overtaken both in profile and energy by the urgencies in equality addressed through the civil rights movement regarding race and feminism. In the 1960s the civil rights and women’s liberation movements pitted their numbers against the great bulwarks of white, male, institutional power that had up until then normalised and naturalised discrimination. Unlike class struggle, these movements rarely pursued outright revolution with its attendant social and political upheavals, and subsequent disappointments and failures. Like class struggle, however, the civil rights and feminist movements come out of a long history of slow and methodical resistance in the face of explicit suppression and willful neglect. These activists have been chipping away patiently at the monolithic racial and sexist hegemony ever since. The enormous achievements and progress made by both movements throughout the 1960s and 1970s represent a series of climaxes that came from a steady progression of resolute determination in the face of seemingly insurmountable odds. As the class, feminist and civil rights movements infiltrated the inner workings of Western democracies in the latter half of the twentieth century they promoted equal rights through advocacy and legislative and legal frameworks resulting in a transformation of the system from within. The emancipations delivered through these struggles for equal treatment have now gone on to be the near-universal model upon which contemporary equality is both based and sought in the developed and developing world. As the quest for equal status and treatment continues to advance, feminism and civil rights have since been supplanted as radical social movements by the rise of a new identity politics. Gathering momentum in the 1980s, the demand for equal treatment across all racial, sexual and other lines of identity shifted out of a mass movement mode and into one that reflects the demands coming from a more liberalised yet ultimately atomised society. Today, the legal frameworks that support equal treatment and prevents discrimination based on racial and sexual lines are sought by groups and individuals marginalised by the State and often corporate sector through their identification with specific sexual, religious, physical or intellectual attributes. At the same time that equality and rights are being pursued on these individual levels, there is the growing urgency of displaced peoples. The United Nations High Commission for Refugees (UNHCR) estimate globally there are presently 8.4 million refugees and 23.7 million uprooted domestic civilians (5). Fleeing from war, persecution or natural disasters, refugee numbers are sure to grow in a future de-stabilised by Climate Change, natural resource scarcity and food price inflation. The rights and protections of refugees entitled under international frameworks and United Nations guidelines must be respected and even championed by the foreign States they journey to. Future challenges need to address the present imbalance that promotes unjust and unequal treatment of refugees stemming from recent western initiatives like Fortress Europe, offshore holding sites like Naru and Christmas Island and the entire detention centre framework. The dissemination and continued fight for equal rights amongst individuals across so many boundaries has no real precedent in human history and represents one of the greatest challenges and potential benefits of the new millennium. At the same time Globalisation and Climate Change have rewritten the rule book in terms of what is at stake across human society and now, probably for the first time in humanity’s history, the Earth’s biosphere at large. In an age where equal measures and equal shares comes in the form of an environmental carbon footprint, more than ever we need solutions that address global inequities and can deliver just and sustainable equal outcomes. The choice is a stark one; a universal, sustainable and green future, where less equals more; or an unsustainable one where more is more but where Earth ends up equaling desolate Mars. While we seek a pathway to a sustainable future, developed nations will have to reconcile a period where things are asymmetrical and positively unequal. The developed world has to carry the heavy and expensive burden required to reduce CO2 emissions while making the necessary sacrifices to stop the equation where one Westerner equals five Indians when it comes to the consumption of natural resources. In an effort to assist and maintain the momentum that has been gained in the quest for equal rights and equal treatment for all, this issue of M/C Journal puts the ideal of ‘equal’ up for scrutiny and discussion. Although there are unquestioned basic principles that have gone beyond debate with regards to ideas around equal, problematic currents within the discourses surrounding concepts based on equality, equivalence and the principles that come out of things being equal remain. Critiquing the notion of equal also means identifying areas where seeking certain equivalences are not necessarily in the public interest. Our feature article examines the challenge of finding an equal footing for Australians of different faiths. Following their paper on the right to free speech published recently in the ‘citizen’ issue of M/C Journal, Anne Aly and Lelia Green discuss the equal treatment of religious belief in secular Australia by identifying the disparities that undermine ideals of religious pluralism. In their essay entitled “Less than Equal: Secularism, Religious Pluralism and Privilege”, they identify one of the central problems facing Islamic belief systems is Western secularism’s categorisation of religious belief as private practice. While Christian based faiths have been able to negotiate the bifurcation between public life and private faith, compartmentalising religious beliefs in this manner can run contrary to Islamic practice. The authors discuss how the separation of Church and State aspires to see all religions ignored equally, but support for a moderate Islam that sees it divorced from the public sphere is secularism’s way of constructing a less than equal Islam. Debra Mayrhofer analyses the unequal treatment received by young males in mainstream media representations in her paper entitled “Mad about the Boy”. By examining TV, radio and newspaper coverage of an ‘out-of-control teenage party’ in suburban Melbourne, Mayrhofer discusses the media’s treatment of the 16-year-old boy deemed to be at the centre of it all. Not only do the many reports evidence non-compliance with the media industry’s own code of ethics but Mayrhofer argues they represent examples of blatant exploitation of the boy. As this issue of M/C Journal goes online, news is now circulating about the boy’s forthcoming appearance in the Big Brother house and the release of a cover of the Beastie Boys’ 1986 hit “Fight for Your Right (to Party)” (see News.com.au). Media reportage of this calibre, noticeable for occurring beyond the confines of tabloid outlets, is seen to perpetuate myths associated with teenage males and inciting moral panics around the behaviour and attitudes expressed by adolescent male youth.Ligia Toutant charts the contentious borders between high, low and popular culture in her paper “Can Stage Directors Make Opera and Popular Culture ‘Equal’?” Referring to recent developments in the staging of opera, Toutant discusses the impacts of phenomena like broadcasts and simulcasts of opera and contemporary settings over period settings, as well as the role played by ticket prices and the introduction of stage directors who have been drawn from film and television. Issues of equal access to high and popular culture are explored by Toutant through the paradox that sees directors of popular feature films that can cost around US$72M with ticket prices under US$10 given the task of directing a US$2M opera with ticket prices that can range upward of US$200. Much has been written about newly elected Australian Prime Minister Kevin Rudd’s apology to the Stolen Generations of Aboriginal Australians whereas Opposition Leader Brendan Nelson’s Apology has been somewhat overlooked. Brooke Collins-Gearing redresses this imbalance with her paper entitled “Not All Sorrys Are Created Equal: Some Are More Equal than ‘Others.’” Collins-Gearing responds to Nelson’s speech from the stance of an Indigenous woman and criticises Nelson for ignoring Aboriginal concepts of time and perpetuating the attitudes and discourses that led to the forced removal of Aboriginal children from their families in the first place. Less media related and more science oriented is John Paull’s discussion on the implications behind the concept of ‘Substantial Equivalence’ being applied to genetically modified organisms (GMO) in “Beyond Equal: From Same But Different to the Doctrine of Substantial Equivalence”. Embraced by manufacturers of genetically modified foods, the principle of substantial equivalence is argued by Paull to provide the bioengineering industry with a best of both worlds scenario. On the one hand, being treated the ‘same’ as elements from unmodified foods GMO products escape the rigours of safety testing and labelling that differentiates them from unmodified foods. On the other hand, by also being defined as ‘different’ they enjoy patent protection laws and are free to pursue monopoly rights on specific foods and technologies. It is easy to envisage an environment arising in which the consumer runs the risk of eating untested foodstuffs while the corporations that have ‘invented’ these new life forms effectively prevent competition in the marketplace. This issue of M/C Journal has been a pleasure to compile. We believe the contributions are remarkable for the broad range of issues they cover and for their great timeliness, dealing as they do with recent events that are still fresh, we hope, in the reader’s mind. We also hope you enjoy reading these papers as much as we enjoyed working with their authors and encourage you to click on the ‘Respond to this Article’ function next to each paper’s heading, aware that there is the possibility for your opinions to gain equal footing with those of the contributors if your response is published. References Dawkins, Richard. The Selfish Gene. Oxford: Oxford UP, 1976.News.com.au. “Oh, Brother, So It’s Confirmed – Corey Set for House.” 1 May 2008. 3 May 2008 < http://www.news.com.au/entertainment/story/0,26278,23627561-10229,00.html >.UNHCR – The UN Refugee Agency. The World’s Stateless People. 2006. 2 May 2008 < http://www.unhcr.org/basics/BASICS/452611862.pdf >.

Abstract:

There is a moment in Al Gore’s 2006 documentary An Inconvenient Truth devised to expose the sheer audacity of fossil fuel lobby groups in the United States. In their attempts to address significant scientific consensus and growing public concern over climate change, these groups are resorting to what Gore’s film suggests are grotesque distortions of fact. A particular example highlighted in the film is the Competitive Enterprise Institute’s (CPE—a lobby group funded by ExxonMobil) “pro” energy industry advertisem*nt: “Carbon dioxide”, the ad states. “They call it pollution, we call it life.” While on the one hand employing rhetoric against the “inconvenient truth” that carbon dioxide emissions are ratcheting up the Earth’s temperature, these advertisem*nts also pose a question – though perhaps unintended – that is worth addressing. Where does life reside? This is not an issue of essentialism, but relates to the claims, materials and technologies through which life as a political object emerges. The danger of entertaining the vested interests of polluting industry in a discussion of climate change and its biopolitics is countered by an imperative to acknowledge the ways in which multiple positions in the climate change debate invoke and appeal to ‘life’ as the bottom line, or inviolable interest, of their political, social or economic work. In doing so, other questions come to the fore that a politics of climate change framed in terms of moral positions or competing values will tend to overlook. These questions concern the manifold practices of life that constitute the contemporary terrain of the political, and the actors and instruments put in this employ. Who speaks for life? And who or what produces it? Climate change as a matter of concern (Latour) has gathered and generated a host of experts, communities, narratives and technical devices all invested in the administration of life. It is, as Malcom Bull argues, “the paradigmatic issue of the new politics,” a politics which “draws people towards the public realm and makes life itself subject to the caprices of state and market” (2). This paper seeks to highlight the politics of life that have emerged around climate change as a public issue. It will argue that these politics appear in incremental and multiple ways that situate an array of actors and interests as active in both contesting and generating the terms of life: what life is and how we come to know it. This way of thinking about climate change debates opposes a prevalent moralistic framework that reads the practices and discourses of debate in terms of oppositional positions alone. While sympathies may flow in varying directions, especially when it comes to such a highly charged and massively consequential issue as climate change, there is little insight to be had from charging the CPE (for example) with manipulating consumers, or misrepresenting well-known facts. Where new and more productive understandings open up is in relation to the fields through which these gathering actors play out their claims to the project of life. These fields, from the state, to the corporation, to the domestic sphere, reveal a complex network of strategies and devices that seek to secure life in constantly renovated terms. Life Politics Biopolitical scholarship in the wake of Foucault has challenged life as a pre-given uncritical category, and sought to highlight the means through which it is put under question and constituted through varying and composing assemblages of practitioners and practices. Such work regards the project of human well-being as highly complex and technical, and has undertaken to document this empirically through close attention to the everyday ecologies in which humans are enmeshed. This is a political and theoretical project in itself, situating political processes in micro, as well as macro, registers, including daily life as a site of (self) management and governance. Rabinow and Rose refer to biopolitical circuits that draw together and inter-relate the multiple sites and scales operative in the administration of life. These involve not just technologies, rationalities and regimes of authority and control, but also politics “from below” in the form of rights claims and community formation and agitation (198). Active in these circuits, too, are corporate and non-state interests for whom the pursuit of maximising life’s qualities and capabilities has become a concern through which “market relations and shareholder value” are negotiated (Rabinow and Rose 211). As many biopolitical scholars argue, biopower—the strategies through which biopolitics are enacted—is characteristic of the “disciplinary neo-liberalism” that has come to define the modern state, and through which the conduct of conduct is practiced (Di Muzio 305). Foucault’s concept of governmentality describes the devolution of state-based disciplinarity and sovereignty to a host of non-state actors, rationalities and strategies of governing, including the self-managing subject, not in opposition to the state, but contributing to its form. According to Bratich, Packer and McCarthy, everyday life is thus “saturated with governmental techniques” (18) in which we are all enrolled. Unlike regimes of biopolitics identified with what Agamben terms “thanopolitics”—the exercise of biopower “which ultimately rests on the power of some to threaten the death of others” (Rabinow and Rose 198), such as the Nazi’s National Socialism and other eugenic campaigns—governmental arts in the service of “vitalist” biopolitics (Rose 1) are increasingly diffused amongst all those with an “interest” in sustaining life, from organisations to individuals. The integration of techniques of self-governance which ask the individual to work on themselves and their own dispositions with State functions has broadened the base by which life is governed, and foregrounded an unsettled terrain of life claims. Rose argues that medical science is at the forefront of these contemporary biopolitics, and to this effect “has […] been fully engaged in the ethical questions of how we should live—of what kinds of creatures we are, of the kinds of obligations that we have to ourselves and to others, of the kinds of techniques we can and should use to improve ourselves” (20). Asking individuals to self-identify through their medical histories and bodily specificities, medical cultures are also shaping new political arrangements, as communities connected by shared genetics or physical conditions, for instance, emerge, evolve and agitate according to the latest medical knowledge. Yet it is not just medicine that provokes ethical work and new political forms. The environment is a key site for life politics that entails a multi-faceted discourse of obligations and entitlements, across fields and scales of engagement. Calculating Environments In line with neo-liberal logic, environmental discourse concerned with ameliorating climate change has increasingly focused upon the individual as an agent of self-monitoring, to both facilitate government agendas at a distance, and to “self-fashion” in the mode of the autonomous subject, securing against external risks (Ong 501). Climate change is commonly represented as such a risk, to both human and non-human life. A recent letter published by the Royal Australasian College of Physicians in two leading British medical journals, named climate change as the “biggest global health threat of the twenty-first century” (Morton). As I have argued elsewhere (Potter), security is central to dominant cultures of environmental governance in the West; these cultures tie sustainability goals to various and interrelated regimes of monitoring which attach to concepts of what Clark and Stevenson call “the good ecological citizen” (238). Citizenship is thus practiced through strategies of governmentality which call on individuals to invest not just in their own well-being, but in the broader project of life. Calculation is a primary technique through which modern environmental governance is enacted; calculative strategies are seen to mediate risk, according to Foucault, and consequently to “assure living” (Elden 575). Rationalised schemes for self-monitoring are proliferating under climate change and the project of environmentalism more broadly, something which critics of neo-liberalism have identified as symptomatic of the privatisation of politics that liberal governmentality has fostered. As we have seen in Australia, an evolving policy emphasis on individual practices and the domestic sphere as crucial sites of environmental action – for instance, the introduction of domestic water restrictions, and the phasing out of energy-inefficient light bulbs in the home—provides a leading discourse of ethico-political responsibility. The rise of carbon dioxide counting is symptomatic of this culture, and indicates the distributed fields of life management in contemporary governmentality. Carbon dioxide, as the CPE is keen to point out, is crucial to life, but it is also—in too large an amount—a force of destruction. Its management, in vitalist terms, is thus established as an effort to protect life in the face of death. The concept of “carbon footprinting” has been promoted by governments, NGOs, industry and individuals as a way of securing this goal, and a host of calculative techniques and strategies are employed to this end, across a spectrum of activities and contexts all framed in the interests of life. The footprinting measure seeks to secure living via self-policed limits, which also—in classic biopolitical form—shift previously private practices into a public realm of count-ability and accountability. The carbon footprint, like its associates the ecological footprint and the water footprint, has developed as a multi-faceted tool of citizenship beyond the traditional boundaries of the state. Suggesting an ecological conception of territory and of our relationships and responsibilities to this, the footprint, as a measure of resource use and emissions relative to the Earth’s capacities to absorb these, calculates and visualises the “specific qualities” (Elden 575) that, in a spatialised understanding of security, constitute and define this territory. The carbon footprint’s relatively simple remit of measuring carbon emissions per unit of assessment—be that the individual, the corporation, or the nation—belies the ways in which life is formatted and produced through its calculations. A tangled set of devices, practices and discourses is employed to make carbon and thus life calculable and manageable. Treading Lightly The old environmental adage to “tread lightly upon the Earth” has been literalised in the metaphor of the footprint, which attempts both to symbolise environmental practice and to directly translate data in order to meaningfully communicate necessary boundaries for our living. The World Wildlife Fund’s Living Planet Report 2008 exemplifies the growing popularity of the footprint as a political and poetic hook: speaking in terms of our “ecological overshoot,” and the move from “ecological credit to ecological deficit”, the report urges an attendance to our “global footprint” which “now exceeds the world’s capacity to regenerate by about 30 per cent” (1). Angela Crombie’s A Lighter Footprint, an instruction manual for sustainable living, is one of a host of media through which individuals are educated in modes of footprint calculation and management. She presents a range of techniques, including carbon offsetting, shifting to sustainable modes of transport, eating and buying differently, recycling and conserving water, to mediate our carbon dioxide output, and to “show […] politicians how easy it is” (13). Governments however, need no persuading from citizens that carbon calculation is an exercise to be harnessed. As governments around the world move (slowly) to address climate change, policies that instrumentalise carbon dioxide emission and reduction via an auditing of credits and deficits have come to the fore—for example, the European Union Emissions Trading Scheme and the Chicago Climate Exchange. In Australia, we have the currently-under-debate Carbon Pollution Reduction Scheme, a part of which is the Australian Emissions Trading Scheme (AETS) that will introduce a system of “carbon credits” and trading in a market-based model of supply and demand. This initiative will put a price on carbon dioxide emissions, and cap the amount of emissions any one polluter can produce without purchasing further credits. In readiness for the scheme, business initiatives are forming to take advantage of this new carbon market. Industries in carbon auditing and off-setting services are consolidating; hectares of trees, already active in the carbon sequestration market, are being cultivated as “carbon sinks” and key sites of compliance for polluters under the AETS. Governments are also planning to turn their tracts of forested public land into carbon credits worth billions of dollars (Arup 7). The attachment of emission measures to goods and services requires a range of calculative experts, and the implementation of new marketing and branding strategies, aimed at conveying the carbon “health” of a product. The introduction of “food mile” labelling (the amount of carbon dioxide emitted in the transportation of the food from source to consumer) in certain supermarkets in the United Kingdom is an example of this. Carbon risk analysis and management programs are being introduced across businesses in readiness for the forthcoming “carbon economy”. As one flyer selling “a suite of carbon related services” explains, “early action will give you the edge in understanding and mitigating the risks, and puts you in a prime position to capitalise on the rewards” (MGI Business Solutions Worldwide). In addition, lobby groups are working to ensure exclusions from or the free allocation of permits within the proposed AETS, with degrees of compulsion applied to different industries – the Federal Government, for instance, will provide a $3.9 billion compensation package for the electric power sector when the AETS commences, to enable their “adjustment” to this carbon regime. Performing Life Noortje Mares provides a further means of thinking through the politics of life in the context of climate change by complicating the distinction between public and private interest. Her study of “green living experiments” describes the rise of carbon calculation in the home in recent years, and the implementation of technologies such as the smart electricity meter that provides a constantly updating display of data relating to amounts and cost of energy consumed and the carbon dioxide emitted in the routines of domestic life. Her research tracks the entry of these personal calculative regimes into public life via internet forums such as blogs, where individuals notate or discuss their experiences of pursing low-carbon lifestyles. On the one hand, these calculative practices of living and their public representation can be read as evidencing the pervasive neo-liberal governmentality at work in contemporary environmental practice, where individuals are encouraged to scrupulously monitor their domestic cultures. The rise of auditing as a technology of self, and more broadly as a technique of public accountability, has come under fire for its “immunity-granting role” (Charkiewicz 79), where internal audits become substituted for external compliance and regulation. Mares challenges this reading, however, by demonstrating the ways in which green living experiments “transform everyday material practices into practices of public involvement” that (118) don’t resolve or pin down relations between the individual, the non-human environment, and the social, or reveal a mappable flow of actions and effects between the public realm and the home. The empirical modes of publicity that these individuals employ, “the careful recording of measurements and the reliable descriptions of sensory observation, so as to enable ‘virtual witnessing’ by wider audiences”, open up to much more complex understandings than one of calculative self-discipline at work. As “instrument[s] of public involvement” (120), the experiments that Mares describe locate the politics of life in the embodied socio-material entanglements of the domestic sphere, in arrangements of humans and non-human technologies. Such arrangements, she suggests, are ontologically productive in that they introduce “not only new knowledge, but also new entities […] to society” (119), and as such these experiments and the modes of calculation they employ become active in the composition of reality. Recent work in economic sociology and cultural studies has similarly contended that calculation, far from either a naturalised or thoroughly abstract process, relies upon a host of devices, relations, and techniques: that is, as Gay Hawkins explains, calculative processes “have to be enacted” (108). Environmental governmentality in the service of securing life is a networked practice that draws in a host of actors, not a top-down imposition. The institution of carbon economies and carbon emissions as a new register of public accountability, brings alternative ways to calculate the world into being, and consequently re-calibrates life as it emerges from these heterogeneous arrangements. All That Gathers Latour writes that we come to know a matter of concern by all the things that gather around it (Latour). This includes the human, as well as the non-human actors, policies, practices and technologies that are put to work in the making of our realities. Climate change is routinely represented as a threat to life, with predicted (and occurring) species extinction, growing numbers of climate change refugees, dispossessed from uninhabitable lands, and the rise of diseases and extreme weather scenarios that put human life in peril. There is no doubt, of course, that climate change does mean death for some: indeed, there are thanopolitical overtones in inequitable relations between the fall-out of impacts from major polluting nations on poorer countries, or those much more susceptible to rising sea levels. Biosocial equity, as Bull points out, is a “matter of being equally alive and equally dead” (2). Yet in the biopolitical project of assuring living, life is burgeoning around the problem of climate change. The critique of neo-liberalism as a blanketing system that subjects all aspects of life to market logic, and in which the cynical techniques of industry seek to appropriate ethico-political stances for their own material ends, are insufficient responses to what is actually unfolding in the messy terrain of climate change and its biopolitics. What this paper has attempted to show is that there is no particular purchase on life that can be had by any one actor who gathers around this concern. Varying interests, ambitions, and intentions, without moral hierarchy, stake their claim in life as a constantly constituting site in which they participate, and from this perspective, the ways in which we understand life to be both produced and managed expand. This is to refuse either an opposition or a conflation between the market and nature, or the market and life. It is also to argue that we cannot essentialise human-ness in the climate change debate. For while human relations with animals, plants and weathers may make us what we are, so too do our relations with (in a much less romantic view) non-human things, technologies, schemes, and even markets—from carbon auditing services, to the label on a tin on the supermarket shelf. As these intersect and entangle, the project of life, in the new politics of climate change, is far from straightforward. References An Inconvenient Truth. Dir. Davis Guggenheim. Village Roadshow, 2006. Arup, Tom. “Victoria Makes Enormous Carbon Stocktake in Bid for Offset Billions.” The Age 24 Sep. 2009: 7. Bratich, Jack Z., Jeremy Packer, and Cameron McCarthy. “Governing the Present.” Foucault, Cultural Studies and Governmentality. Ed. Bratich, Packer and McCarthy. Albany: State University of New York Press, 2003. 3-21. Bull, Malcolm. “Globalization and Biopolitics.” New Left Review 45 (2007): 12 May 2009 . < http://newleftreview.org/?page=article&view=2675 >. Charkiewicz, Ewa. “Corporations, the UN and Neo-liberal Bio-politics.” Development 48.1 (2005): 75-83. Clark, Nigel, and Nick Stevenson. “Care in a Time of Catastrophe: Citizenship, Community and the Ecological Imagination.” Journal of Human Rights 2.2 (2003): 235-246. Crombie, Angela. A Lighter Footprint: A Practical Guide to Minimising Your Impact on the Planet. Carlton North, Vic.: Scribe, 2007. Di Muzio, Tim. “Governing Global Slums: The Biopolitics of Target 11.” Global Governance. 14.3 (2008): 305-326. Elden, Stuart. “Governmentality, Calculation and Territory.” Environment and Planning D: Society and Space 25 (2007): 562-580. Hawkins, Gay. The Ethics of Waste: How We Relate to Rubbish. Sydney: University of New South Wales Press, 2006. Latour, Bruno. “Why Has Critique Run Out of Steam?: From Matters of Fact to Matters of Concern.” Critical Inquiry 30.2 (2004): 225-248. Mares, Noortje. “Testing Powers of Engagement: Green Living Experiments, the Ontological Turn and the Undoability and Involvement.” European Journal of Social Theory 12.1 (2009): 117-133. MGI Business Solutions Worldwide. “Carbon News.” Adelaide. 2 Aug. 2009. Ong, Aihwa. “Mutations in Citizenship.” Theory, Culture and Society 23.2-3 (2006): 499-505. Potter, Emily. “Footprints in the Mallee: Climate Change, Sustaining Communities, and the Nature of Place.” Landscapes and Learning: Place Studies in a Global World. Ed. Margaret Somerville, Kerith Power and Phoenix de Carteret. Sense Publishers. Forthcoming. Rabinow, Paul, and Nikolas Rose. “Biopower Today.” Biosocieties 1 (2006): 195-217. Rose, Nikolas. “The Politics of Life Itself.” Theory, Culture and Society 18.6 (2001): 1-30. World Wildlife Fund. Living Planet Report 2008. Switzerland, 2008.

Abstract:

Photo by Patrick Tomasso on Unsplash ABSTRACT In cases where the law conflicts with bioethics, the status of rights must be determined to resolve some of the tensions. This paper considers the origins of both legal and philosophical rights, arguing that rights per se do not exist naturally. Even natural rights that are constitutional or statutory came from relationships rather than existing in nature. Once agreed upon, rights develop moral influence. INTRODUCTION l. The Question of Rights The language of rights is omnipresent in current discourse in law, bioethics, and many other disciplines. Rights dialogue is frequently contentious – some thinkers take issue with various uses of rights in the modern dialogue. For example, some criticize “rights talk,” which heightens social conflict when used as a “trump” against disfavored arguments.[1] Others are displeased by what is termed “rights inflation,” where too many novel rights are developed, such that the rights these scholars view as “more important” become devalued.[2] Some solutions have been proposed: one recommendation is that rights should be restricted to extremely important or essential ones. Some Supreme Court justices make arguments for applying original meanings in legal cases.[3] Conflict over the quantity and status of rights has long been a subject of debate in law and philosophy. Even Jefferson had to balance his own strict reading of the Constitution with tendencies to exceed the plain text of the document.[4] This thread of discourse has grown in political prominence over the years, with more Supreme Court cases that suggest newly developed (or, perhaps, newly recognized) rights. The theoretical conflict between textualists and those looking to intent or context could lead to repealing rights to abortion, sterilization, or marital privacy and deeply impacts our daily lives. Bioethics is ubiquitous, and rights discourse is fundamental. This paper analyzes the assumptions that underlie the existence of rights. The law is steeped in philosophy, though philosophical theories have an often-unacknowledged role. This is especially true in cases that navigate difficult bioethical issues. As a result of this interleaving, the ontological status of rights is necessary to resolve some of the theoretical tensions. Many philosophers have either argued for or implicitly included human rights in their theories of morality and legality. However, there is no universally accepted definition of rights; various philosophers have their own approaches. For example: Louden comments, “Rights are permissions rather than requirements. Rights tell us what the bearer is at liberty to do”; Martin thinks that a right is “an established way of acting”; Hohfeld concludes that all rights are claims.[5] Similarly, there is dissent about the qualities of rights: The Declaration of Independence characterizes rights as unalienable, but not all thinkers agree. Nickel comments, “Inalienability does not mean that rights are absolute or can never be overridden by other considerations. . . Perhaps it is sufficient to say that [human] rights are very hard to lose.”[6] This discord necessitates additional analysis. “Many people tend to take the validity of. . . rights for granted. . . However, moral philosophers do not enjoy such license for epistemological complacency.”[7] Because of the fundamental impact that political and moral philosophy enacted as the law have, this paper considers the origins of both legal and philosophical rights, arguing that rights per se do not exist naturally. Even natural rights that are constitutional or statutory came from relationships rather than existing in nature. Once agreed upon, rights take on moral force. ll. Legal Rights: From Case to Constitution Bioethics and law sometimes address rights differently. Three Supreme Court cases marked the development of privacy rights in the United States: Griswold v. Connecticut (1965), Roe v. Wade (1973) and Cruzan v. Director, Missouri Department of Health (1990). These cases shape the normative dialogue and consider complex moral quandaries. Griswold v. Connecticut concerned providing contraception to married couples in contravention of state law. Justice Douglas writes for the majority that, based in “a right of privacy older than the Bill of Rights,” legally protected zones of privacy extend from the text of the Constitution. “Specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance.”[8] Writing in dissent, Justice Black argues that there is not a broad right to privacy included in the provisions of the Constitution, and expresses concern over “dilut[ion] or expans[ion]” of enumerated rights by terms such as privacy, which he characterizes as abstract and ambiguous – and subject to liberal reinterpretation.[9] He concludes that the government does have the right to invade privacy “unless prohibited by some specific constitutional provision.”[10] Also dissenting, Justice Stewart finetunes the argument: rather than look to community values beyond the Constitution, the Court ought to rely solely on text of the document, in which he “can find no such general right of privacy in the Bill of Rights, in any other part of the Constitution, or in any case ever decided by this court.”[11] Thus, Griswold v. Connecticut is an example of the tensions within the Supreme Court over strict textualism or broader interpretations of the Constitution that look to intent and purpose. Roe v. Wade held that there is a right to privacy found through the Due Process Clause of the Fourteenth Amendment that includes the right to make medical decisions including abortion. While the conclusion – that there is a Constitutionally protected right to abortion, with certain limits seems to expand the Griswold doctrine of privacy rights, dissent to the ruling stems from much the same concern as before. Justice Rehnquist writes: A transaction resulting in an operation such as this is not "private" in the ordinary usage of that word. Nor is the "privacy" that the Court finds here even a distant relative of the freedom from searches and seizures protected by the Fourth Amendment to the Constitution, which the Court has referred to as embodying a right to privacy.[12] However, he then departs from the stricter approach of Justices Black and Stewart: I agree… that the "liberty," against deprivation of which without due process the Fourteenth Amendment protects, embraces more than the rights found in the Bill of Rights. But that liberty is not guaranteed absolutely against deprivation, only against deprivation without due process of law.[13] This is a tempering of the stricter constructionism found earlier, where more latitude is allowed for the interpretation of the text of the Constitution, even though there are clearly limits on how far the words may be stretched, with the genesis of a new right. Later, in Planned Parenthood of Southwestern Pennsylvania v. Casey, the Court further refined Roe v. Wade implementing an “undue burden” test.[14] In Cruzan v. Director, Missouri Department of Health, the Court held that there is a general liberty interest in the refusal of medical treatment. The case continues the tradition of Griswold and Roe v. Wade ensuring a liberty that is beyond the text, but also allows states to impose a strict evidentiary burden to shape how the right is exercised. The Court affirmed the lower court’s decision that “because there was no clear and convincing evidence of Nancy [Cruzan’s] desire to have life-sustaining treatment withdrawn. . . her parents lacked authority to effectuate such a request.”[15] The Supreme Court found that the clear and convincing evidentiary burden applied by the Missouri Supreme Court was consistent with the Due Process clause. Justice Scalia notes that even though he agrees with the Court’s decision, he finds this judgment unnecessary or, perhaps counterproductive, because the philosophical underpinnings of the case “are neither set forth in the Constitution nor known to the nine Justices of this Court any better than they are known to nine people picked at random from the Kansas City telephone directory” and should be left to the states to legislate as they see fit.[16] He goes on to further argue that the Due Process clause “does not protect individuals against deprivations of liberty simpliciter”; rather, it protects them from infringements of liberty that are not accompanied by due process.[17] Justice Scalia’s textualist position likely influenced his remarks.[18] Comparing these cases, I argue there is a distinct effort to make the Constitution amenable to contemporary mores and able to address present issues that is moderated by justices who adhere to the text. The legal evolution of rights that are beyond the text of the Constitution may reflect social norms as well as the framers’ intent. Rights are protected by the Constitution, but the Constitution is mutable, through both case law and legislation. Prior to the adoption of the Constitution, the Declaration of Independence declared: We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.[19] The Declaration of Independence gives insight into rights prior to the Constitution by referring to a priori rights extended by a creator, sheltered and supported by the state.[20] For earlier evidence of rights, Supreme Court cases often reference English common law doctrines. The common law was informed by preexisting principles and drew on a historical body of thought: philosophy. Exploring philosophy can give insight about the evolution of law. lll. Philosophical Rights: Issues of Ontology A moral right, the precursor to many legal rights, in some ways is a claim that bears moral weight. One relevant distinction is between positive and negative rights: a positive right is a claim on another to do something for the right holder; a negative right is a claim on others to leave the rights holder alone. Some rights are per se (that is, rights that have a de novo ontological origin) and some are constructed (rights that are secondary to some other theoretical apparatus). We must appeal to the state of nature to understand the origin of rights. If rights exist in the state of nature, they are de novo; if not, they are constructed. The state of nature is the theoretical realm where there are no social conventions or no normative rules. The theoretical state of nature is stateless. Hobbes writes about the state of nature. He constructs the person within as incorporating two normative qualities: the law of nature, “whereby individuals are forbidden to do anything destructive of their lives or to omit the means of self-preservation,” and the right of nature, where the person has the “right to all things” – those things required for self-preservation.[21] Similarly, more contemporary philosophers have also inferred that the right to freedom is a natural right.[22] I argue that nature allows every person the freedom to all things, or a natural right against limitation on freedom. Every person has the capacity to do whatever they want, in accordance with their reason; liberty, rather than being a normative claim, is a component of the essence of beings. Yet both nature and other people pose some limitations. Early modern contractarians’ status theories maintain that human attributes engender rights. [23] A specific formulation of human status ethics can be found in Kantian deontology. From the autonomous and rational will, Kant evolves his Categorical Imperative: “Act only according to that maxim whereby you can at the same time will that it should become a universal law.”[24] Without (or before) law, philosophers suggested behaviors should reflect moral rights. Like Rawls, I maintain that the state of nature includes both a scarcity of resources and individuals with whom we may develop conflicts of interest.[25] Individually, we are vulnerable to others, and because of that natural vulnerability, we have an inclination toward self-interest.[26] Therefore, we eventually find the state of nature unsatisfactory and move to create a civil society. Then the subsequent pathway to creating “rights” is well known. People agree on them and act accordingly. Then, they are enshrined in the law.[27] I attribute the impetus to move from the state of nature toward government to interpersonal interaction that creates a form of the social contract. Rawls qualitatively describes this when he notes the “identity of interests” that powers interpersonal cooperation.[28] To me, the development of positive social relations has three components. The first is the human capacity for empathy. Empathy is commonly accepted by psychologists as universal.[29] Kittay deepens the concept of human empathy, arguing that there is a “register of inevitable human dependency” – a natural sense of care found in the human experience of suffering and decay and death to which we all eventually succumb, necessitating a recognition of interdependence and cooperation.[30] The second is the importance of identity in generating social cooperation.[31] There is a sense of familial resemblance that resonates when we see others in our lives, forming the base of the identification that allows us to create bonds of mutual assent. A microsociety develops when people are exposed to each other and acts as a miniaturized state, governed by what is at first an implicit social contract. An internal order is generated and can be codified. The third component of social relations is the extension of the otherness-yet-sameness beyond human adults. Mirroring connects the fully abled adult man and the woman, as well as the child, the physically and mentally disabled, and could extend to animals as well.[32] Therefore, to me, it seems that rights do not exist per se in the state of nature, but because of our human capacities, relationships yield a social contract. This contract governs interpersonal relations with normative power: rights are constructed. Once constructed based on people in micro-society and then larger groups, rights were codified. Negative rights like those found in the U.S. Constitution allow people in liberal society to codify nearly universal ground rules in certain arenas while respecting minority views and differing priorities. However, the social contract is not absolute: it may be broken by any party with the power to enforce their will upon the other and it will evolve to reflect changing standards. So, there is a subtle distinction to be made: in unequal contractual social relations, there are not constructed rights but rather privileges. In a social relationship that aims at equal status among members, these privileges are normative claims – rights that are not inherent or a priori but mandated to be equally applied by society’s governing body. In this way, I differ from Rawls. To me, justice is a fundamental moral principle only for societies that aim at cooperation, where advancing the interests of all is valued.[33] CONCLUSION From Liberty to Law Social contractualism purports to provide moral rules for its followers even when other ethical systems flounder in the state of nature. Relationships consider the needs and wants of others. Rights exist, with the stipulation that they are constructed under social contracts that aim for equality of application. I also suggest that contractualist approaches may even expand the parties who may be allowed rights, something that has significant bearing on the law and practical bioethics. The strict/loose constructionism debate that has played out in the Supreme Court’s decisions focuses on whether rights are enumerated or implied. Theoretical or implicit contracts may be change quickly, based on the power dynamics in a social relationship. Theoretical bounds of the social contract (possibly including animals, nonhumans, etc.) may be constricted by an official contract, so these concerns would need to be adjudicated in the context of the Constitution. In certain cases, strict interpretation reflects the rights determined by the social compact and limits new positive rights; in others, a broad interpretation keeps government out of certain decisions, expanding negative rights to reflect changing social norms. The negative rights afforded in the Constitution provide a framework meant to allow expansive individual choices and freedom. The underlying social compact has more to do with the norms behind societal structure than forcing a set of agreed upon social norms at the level of individual behavior. The Constitution’s text can be unclear, arbitrary, or open to multiple meanings. The literary theorist may be willing to accept contradiction or multiple meanings, but the legal scholar may not. The issue of whether the social compact is set or evolving affects constitutional interpretation. The law is itself may be stuck in a state of indeterminacy: the law, in the eyes of the framers, was centered on a discourse steeped in natural, human rights, attributed to a creator. Today, there is an impulse toward inherent human dignity to support rights. The strict/loose constructionism debate concerns interpretation.[34] In conclusion, rights have no ontological status per se, but are derived from a complex framework that springs from our relationships and dictates the appropriateness of our actions. While the Constitution establishes the negative rights reflecting a social compact, interpretations recognize the limitations on rights that are also rooted in societal relationships. The author would like to thank Stephen G. Post, PhD, and Caitlyn Tabor, JD, for providing feedback on early drafts of this paper. [1] Mary Ann Glendon, A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights (New York: Random House, 2001), 14. [2] James Griffin, On Human Rights (Oxford: Oxford University, 2008). [3] Maurice Cranston, What Are Human Rights? (London: Bodley Head, 1973). [4] Barry Balleck, “When The Ends Justify the Means: Thomas Jefferson and the Louisiana Purchase,” Presidential Studies Quarterly 22, no. 4 (1992): 679-680. [5] Robert Louden, “Rights Infatuation and the Impoverishment of Moral Theory,” Journal of Value Inquiry 17 (1983): 95; Rex Martin, A System of Rights (Oxford: Oxford University, 1993), 1; Wesley Hohfeld, Fundamental Legal Conceptions (New Haven: Yale University, 1919), 36. [6] James Nickel, "Human Rights", The Stanford Encyclopedia of Philosophy (Summer 2019 Edition), ed. Edward N. Zalta, accessed 27 April 2021, https://plato.stanford.edu/archives/sum2019/entries/rights-human/. [7] Andrew fa*gan, “Human Rights,” Internet Encyclopedia of Philosophy, ed. James Fieser and Bradley Dowden, accessed 27 April 2021, https://iep.utm.edu/hum-rts/. [8] Griswold v. Connecticut 381 U.S. 479 (1965), para. 18, https://www.law.cornell.edu/supremecourt/text/381/479. [9] Griswold v. Connecticut 381 U.S. 479 (1965), para. 69 https://www.law.cornell.edu/supremecourt/text/381/479. [10] Griswold v. Connecticut 381 U.S. 479 (1965), para. 69 https://www.law.cornell.edu/supremecourt/text/381/479. [11] Griswold v. Connecticut 381 U.S. 479 (1965), para. 92 https://www.law.cornell.edu/supremecourt/text/381/479. [12] Roe v. Wade 410 U.S. 113 (1973), 172, https://www.law.cornell.edu/supremecourt/text/410/113%26amp. [13] Roe v. Wade 410 U.S. 113 (1973), 172-173, https://www.law.cornell.edu/supremecourt/text/410/113%26amp. [14] Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992), https://supreme.justia.com/cases/federal/us/505/833/#:~:text=Casey%2C%20505%20U.S.%20833%20(1992)&text=A%20person%20retains%20the%20right,the%20mother%20is%20at%20risk. [15] Cruzan v. Director, Missouri Department of Health 497 U.S. 261 (1990), https://www.law.cornell.edu/supct/html/88-1503.ZO.html. [16] Cruzan v. Director, Missouri Department of Health 497 U.S. 261 (1990), https://www.law.cornell.edu/supct/html/88-1503.ZO.html. [17] Cruzan v. Director, Missouri Department of Health 497 U.S. 261 (1990), https://www.law.cornell.edu/supct/html/88-1503.ZO.html. [18] It is worth noting that some of the Supreme Court’s conservatives – like Scalia, Thomas, Roberts – have expressed explicit disdain for the right to privacy introduced in Griswold. Jamal Greene, “The So-Called Right to Privacy,” UC Davis Law Review 43 (2010): 715-747, https://scholarship.law.columbia.edu/faculty_scholarship/622. [19] National Archives. “Declaration of Independence: A Transcription.” July 4, 1776; reviewed July 24, 2020, https://www.archives.gov/founding-docs/declaration-transcript. [20] However, the reference to a creator has come to mean a natural right and a priori best describes it rather than a religious underpinning. To borrow from Husserl, this approach will be bracketed out. [21] DJC Carmichael, “Hobbes on Natural Right in Society: The ‘Leviathan’ Account,” Canadian Journal of Political Science 23, no. 1 (1990): 4-5. [22] HLA Hart, “Are There Any Natural Rights?” The Philosophical Review 64, no. 2 (1955): 175. [23] Warren Quinn, Morality and Action (Cambridge: Cambridge UP, 1993), 170. [24] Immanuel Kant, Groundwork of the Metaphysic of Morals, trans. James Ellington, 3rd ed. (Indianapolis: Hackett, 1993), 30. [25] John Rawls, A Theory of Justice: Revised Edition (Cambridge: Belknap, 1999), 109. [26] JS Mill, Remarks on Bentham’s Philosophy, in Collected Works of John Stuart Mill, Vol. X, ed. JM Robson (Toronto: U of Toronto Press, 1985), 13-14. [27] Rex Martin, A System of Rights (Oxford: Oxford University, 1993), 1; Kenneth Baynes, “Kant on Property Rights and the Social Contract,” The Monist 72, no. 3 (1989): 433-453. [28] John Rawls, A Theory of Justice: Revised Edition (Cambridge: Belknap, 1999), 109. [29] Frederik von Harbou, “A Remedy Called Empathy: The Neglected Element of Human Rights Theory,” Archives for Philosophy of Law and Social Philosophy 99, no. 2 (2013): 141. [30] Eva Feder Kittay. Learning from My Daughter: The Value and Care of Disabled Minds (Oxford: Oxford UP, 2019), 145-146. [31] Jane Gallop, “Lacan’s ‘Mirror Stage’: Where to Begin,” SubStance 11, no. 4 (1983): 121; Lacan, Jacques. The Seminar of Jacques Lacan: Book X: Anxiety: 1962-1963, trans. Cormac Gallagher, 26-27, https://www.valas.fr/IMG/pdf/THE-SEMINAR-OF-JACQUES-LACAN-X_l_angoisse.pdf. (In Lacanian psychoanalytic theory, human development necessitates both recognition of the Self and the separation of the Self from the Other.) [32] Lacan, Jacques. The Seminar of Jacques Lacan: Book X: Anxiety: 1962-1963, trans. Cormac Gallagher, 27-28, https://www.valas.fr/IMG/pdf/THE-SEMINAR-OF-JACQUES-LACAN-X_l_angoisse.pdf. [33] There is an interesting discussion to be had about whether social contract theory allows for this gradation in quality of contracts, or whether the two are fundamentally different phenomena. I cannot answer this question here; John Rawls, A Theory of Justice: Revised Edition (Cambridge: Belknap, 1999), 102-103. [34] Ruthellen Josselson, “The Hermeneutics of Faith and the Hermeneutics of Suspicion,” Narrative Inquiry 14, no. 1 (2004): 2-4.

Abstract:

Introduction How do we measure intimacy? What are its impacts on our social, political and personal lives? Can we claim a politics to our intimate lives that escapes the normative confines of archaic institutions, while making social justice claims for relationship recognition? Negotiating some of these disparate questions requires us to think more broadly in contemporary public debates on equality and relationship recognition. Specifically, by outlining the impacts of the popular "gay marriage" debate, this paper examines the impacts of queer theory in association with public policy and community lobbying for relationship equality. Much of the debate remains polarised: eliminating discrimination is counterposed to religious or reproductive narratives that suggest such recognition undermines the value of the "natural" heterosexual family. Introducing queer theory into advocacy that oscillates between rights and reproduction problematises indexing intimacy against normative ideas of monogamy and family. While the arguments circulated by academics, lawyers, politicians and activists have disparate political and ethical impacts, when taken together, they continue to define marriage as a public regulation of intimacy and citizenship. Citizenship, measured in democratic participation and choice, however, can only be realised through reflexive politics that value difference. Encouraging critical dialogue across disparate areas of the marriage equality debate will have a significant impact on how we make ethical claims for recognising intimacy. (Re)defining Marriage In legislative terms, marriage remains the most fundamental means through which the relationship between citizenship and intimacy is crystallised in Australia. For example, in 2004 the Federal Liberal Government in Australia passed a legislative amendment to the Marriage Act 1961 and expressly defined marriage as a union between a man and a woman. By issuing a public legislative amendment, the Government intended to privilege monogamous (in this case understood as heterosexual) intimacy by precluding same-sex or polygamous marriage. Such an exercise had rhetorical rather than legal significance, as common law principles had previously defined the scope of marriage in gender specific terms for decades (Graycar and Millbank 41). Marriage as an institution, however, is not a universal or a-historical discourse limited to legal or political constructs. Socialist feminist critiques of marriage in the 1950s conceptualised the legal and gender specific constructs in marriage as a patriarchal contract designed to regulate female bodies (Hannam 146). However, Angela McRobbie notes that within a post-feminist context, these historical realities of gendered subjugation, reproduction or domesticity have been "disarticulated" (26). Marriage has become a more democratic and self-reflexive expression of intimacy for women. David Shumway elaborates this idea and argues that this shift has emerged in a context of "social solidarity" within a consumer environment of social fragmentation (23). What this implies is that marriage now evokes a range of cultural choices, consumer practices and affective trends that are incommensurable to a singular legal or historical term of reference. Debating the Politics of Intimacy and Citizenship In order to reflect on this shifting relationship between choice, citizenship and marriage as a concept, it is necessary to highlight that marriage extends beyond private articulations of love. It is a ritualised performance of heterosexual individual (or coupled) citizenship as it entrenches economic and civil rights and responsibilities. The private becomes public. Current neo-liberal approaches to same-sex marriage focus on these symbolic and economic questions of how recognising intimacy is tied to equality. In a legal and political context, marriage is defined in s5 Marriage Act as "the union between a man and a woman to the exclusion of all others, voluntarily entered into for life." While the Act does not imbue marriage with religious or procreative significance, such a gender dichotomous definition prevents same-sex and gender diverse partners from entering into marriage. For Morris Kaplan, this is a problem because "full equality for lesbian and gay citizens requires access to the legal and social recognition of our intimate associations" (201). Advocates and activists define the quest for equal citizenship by engaging with current religious dogma that situates marriage within a field of reproduction, whereby same-sex marriage is seen to rupture the traditional rubric of monogamous kinship and the biological processes of "gender complementarity" (Australian Christian Lobby 1). Liberal equality arguments reject such conservative assertions on the basis that desire, sexuality and intimacy are innate features of human existence and hence always already implicated in public spheres (Kaplan 202). Thus, legal visibility or state recognition becomes crucial to sustaining practices of intimacy. Problematising the broader social impact of a civil rights approach through the perspective of queer theory, the private/public distinctions that delineate citizenship and intimacy become more difficult to negotiate. Equality and queer theory arguments on same-sex marriage are difficult to reconcile, primarily because they signify the different psychic and cultural investments in the monogamous couple. Butler asserts that idealisations of the couple in legal discourse relates to norms surrounding community, family and nationhood (Undoing 116). This structured circulation of sexual norms reifies the hetero-normative forms of relationships that ought to be recognised (and are desired) by the state. Butler also interrogates this logic of marriage, as a heterosexual norm, and suggests it has the capacity to confine rather than liberate subjects (Undoing 118-20). The author's argument relies upon Michel Foucault's notion of power and subjection, where the subject is not an autonomous individual (as conceived in neo liberal discourses) but a site of disciplined discursive production (Trouble 63). Butler positions the heterosexuality of marriage as a "cultural and symbolic foundation" that renders forms of kinship, monogamy, parenting and community intelligible (Undoing 118). In this sense, marriage can be a problematic articulation of state interests, particularly in terms of perpetuating domesticity, economic mobility and the heterosexual family. As former Australian Prime Minister John Howard opines: Marriage is … one of the bedrock institutions of our society … marriage, as we understand it in our society, is about children … providing for the survival of the species. (qtd. in Wade) Howard's politicisation of marriage suggests that it remains crucial to the preservation of the nuclear family. In doing so, the statement also exemplifies hom*ophobic anxieties towards non-normative kinship relations "outside the family". The Prime Ministers' words characterise marriage as a framework which privileges hegemonic ideas of monogamy, biological reproduction and gender dichotomy. Butler responds to these hom*ophobic terms by alluding to the discursive function of a "heterosexual matrix" which codes and produces dichotomous sexes, genders and (hetero)sexual desires (Trouble 36). By refusing to accept the binary neo-liberal discourse in which one is either for or against gay marriage, Butler asserts that by prioritising marriage, the individual accepts the discursive terms of recognition and legitimacy in subjectifying what counts as love (Undoing 115). What this author's argument implies is that by recuperating marital norms, the individual is not liberated, but rather participates in the discursive "trap" and succumbs to the terms of a heterosexual matrix (Trouble 56). In contradistinction to Howard's political rhetoric, engaging with Foucault's broader theoretical work on sexuality and friendship can influence how we frame the possibilities of intimacy beyond parochial narratives of conjugal relationships. Foucault emphasises that countercultural intimacies rely on desires that are relegated to the margins of mainstream (hetero)sexual culture. For example, the transformational aesthetics in practices such as sadomasochism or queer polyamorous relationships exist due to certain prohibitions in respect to sex (Foucault, History (1) 38, and "Sex" 169). Foucault notes how forms of resistance that transgress mainstream norms produce new experiences of pleasure. Being "queer" (though Foucault does not use this word) becomes identified with new modes of living, rather than a static identity (Essential 138). Extending Foucault, Butler argues that positioning queer intimacies within a field of state recognition risks normalising relationships in terms of heterosexual norms whilst foreclosing the possibilities of new modes of affection. Jasbir Puar argues that queer subjects continue to feature on the peripheries of moral and legal citizenship when their practices of intimacy fail to conform to the socio-political dyadic ideal of matrimony, fidelity and reproduction (22-28). Puar and Butler's reluctance to embrace marriage becomes clearer through an examination of the obiter dicta in the recent American jurisprudence where the proscription on same-sex marriage was overturned in California: To the extent proponents seek to encourage a norm that sexual activity occur within marriage to ensure that reproduction occur within stable households, Proposition 8 discourages that norm because it requires some sexual activity and child-bearing and child-rearing to occur outside marriage. (Perry vs Schwarzenegger 128) By connecting the discourse of matrimony and sex with citizenship, the court reifies the value of marriage as an institution of the family, which should be extended to same-sex couples. Therefore, by locating the family in reproductive heterosexual terms, the court forecloses other modes of recognition or rights for those who are in non-monogamous relationships or choose not to reproduce. The legal reasoning in the case evinces the ways in which intimate citizenship or legitimate kinship is understood in highly parochial terms. As Kane Race elaborates, the suturing of domesticity and nationhood, with the rhetoric that "reproduction occur within stable households", frames heterosexual nuclear bonds as the means to legitimate sexual relations (98). By privileging a familial kinship aesthetic to marriage, the state implicitly disregards recognising the value of intimacy in non-nuclear communities or families (Race 100). Australia, however, unlike most foreign nations, has a dual model of relationship recognition. De facto relationships are virtually indistinguishable from marriage in terms of the rights and entitlements couples are able to access. Very recently, the amendments made by the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Reform) Act 2008 (Cth) has ensured same-sex couples have been included under Federal definitions of de facto relationships, thereby granting same-sex couples the same material rights and entitlements as heterosexual married couples. While comprehensive de facto recognition operates uniquely in Australia, it is still necessary to question the impact of jurisprudence that considers only marriage provides the legitimate structure for raising children. As Laurent Berlant suggests, those who seek alternative "love plots" are denied the legal and cultural spaces to realise them ("Love" 479). Berlant's critique emphasises how current "progressive" legal approaches to same-sex relationships rely on a monogamous (heterosexual) trajectory of the "love plot" which marginalises those who are in divorced, single, polyamorous or multi-parent situations. For example, in the National Year of Action, a series of marriage equality rallies held across Australia over 2010, non-conjugal forms of intimacy were inadvertently sidelined in order to make a claim for relationship recognition. In a letter to the Sydney Star Observer, a reader laments: As a gay man, I cannot understand why gay people would want to engage in a heterosexual ritual called marriage … Why do gay couples want to buy into this ridiculous notion is beyond belief. The laws need to be changed so that gays are treated equal under the law, but this is not to be confused with marriage as these are two separate issues... (Michael 2) Marriage marks a privileged position of citizenship and consumption, to which all other gay and lesbian rights claims are tangential. Moreover, as this letter to the Sydney Star Observer implies, by claiming sexual citizenship through the rubric of marriage, discussions about other campaigns for legislative equality are effectively foreclosed. Melissa Gregg expands on such a problematic, noting that the legal responses to equality reiterate a normative relationship between sexuality and power, where only couples that subscribe to dyadic, marriage-like relationships are offered entitlements by the state (4). Correspondingly, much of the public activism around marriage equality in Australia seeks to achieve its impact for equality (reforming the Marriage Act) by positioning intimacy in terms of state legitimacy. Butler and Warner argue that when speaking of legitimacy a relation to what is legitimate is implied. Lisa Bower corroborates this, asserting "legal discourse creates norms which universalise particular modes of living…while suppressing other practices and identities" (267). What Butler's and Bower's arguments reveal is that legitimacy is obtained through the extension of marriage to hom*osexual couples. For example, Andrew Barr, the current Labor Party Education Minister in the Australian Capital Territory (ACT), noted that "saying no to civil unions is to say that some relationships are more legitimate than others" (quoted in "Legal Ceremonies"). Ironically, such a statement privileges civil unions by rendering them as the normative basis on which to grant legal recognition. Elizabeth Povinelli argues the performance of dyadic intimacy becomes the means to assert legal and social sovereignty (112). Therefore, as Jenni Millbank warns, marriage, or even distinctive forms of civil unions, if taken alone, can entrench inequalities for those who choose not to participate in these forms of recognition (8). Grassroots mobilisation and political lobbying strategies around marriage equality activism can have the unintentional impact, however, of obscuring peripheral forms of intimacy and subsequently repudiating those who contest the movement towards marriage. Warner argues that those who choose to marry derive pride from their monogamous commitment and "family" oriented practice, a privilege afforded through marital citizenship (82). Conversely, individuals and couples who deviate from the "normal" (read: socially palatable) intimate citizen, such as promiscuous or polyamorous subjects, are rendered shameful or pitiful. This political discourse illustrates that there is a strong impetus in the marriage equality movement to legitimate "hom*osexual love" because it mimics the norms of monogamy, stability, continuity and family by only seeking to substitute the sex of the "other" partner. Thus, civil rights discourse maintains the privileged political economy of marriage as it involves reproduction (even if it is not biological), mainstream social roles and monogamous sex. By defining social membership and future life in terms of a heterosexual life-narrative, same-sex couples become wedded to the idea of matrimony as the basis for sustainable intimacy and citizenship (Berlant and Warner 557). Warner is critical of recuperating discourses that privilege marriage as the ideal form of intimacy. This is particularly concerning when diverse erotic and intimate communities, which are irreducible to normative forms of citizenship, are subject to erasure. Que(e)rying the Future of Ethics and Politics By connecting liberal equality arguments with Butler and Warner's work on queer ethics, there is hesitation towards privileging marriage as the ultimate form of intimacy. Moreover, Butler stresses the importance of a transformative practice of queer intimacy: It is crucial…that we maintain a critical and transformative relation to the norms that govern what will not count as intelligible and recognisable alliance and kinship. (Undoing 117) Here the author attempts to negotiate the complex terrain of queer citizenship and ethics. On one hand, it is necessary to be made visible in order to engage in political activism and be afforded rights within a state discourse. Simultaneously, on the other hand, there is a need to transform the prevailing hetero-normative rhetoric of romantic love in order to prevent pathologising bodies or rendering certain forms of intimacy as aberrant or deviant because, as Warner notes, they do not conform to our perception of what we understand to be normal or morally desirable. Foucault's work on the aesthetics of the self offers a possible transformational practice which avoids the risks Warner and Butler mention because it eludes the "normative determinations" of moralities and publics, whilst engaging in an "ethical stylization" (qtd. in Race 144). Whilst Foucault's work does not explicitly address the question of marriage, his work on friendship gestures to the significance of affective bonds. Queer kinship has the potential to produce new ethics, where bodies do not become subjects of desires, but rather act as agents of pleasure. Negotiating the intersection between active citizenship and transformative intimacy requires rethinking the politics of recognition and normalisation. Warner is quite ambivalent as to the potential of appropriating marriage for gays and lesbians, despite the historical dynamism of marriage. Rather than acting as a progressive mechanism for rights, it is an institution that operates by refusing to recognise other relations (Warner 129). However, as Alexander Duttmann notes, recognition is more complex and a paradoxical means of relation and identification. It involves a process in which the majority neutralises the difference of the (minority) Other in order to assimilate it (27). However, in the process of recognition, the Other which is validated, then transforms the position of the majority, by altering the terms by which recognition is granted. Marriage no longer simply confers recognition for heterosexual couples to engage in reproduction (Secomb 133). While some queer couples may subscribe to a monogamous relationship structure, these relationships necessarily trouble conservative politics. The lamentations of the Australian Christian Lobby regarding the "fundamental (anatomical) gender complementarity" of same-sex marriage reflect this by recognising the broader social transformation that will occur (and already does with many heterosexual marriages) by displacing the association between marriage, procreation and parenting (5). Correspondingly, Foucault's work assists in broadening the debate on relationship recognition by transforming our understanding of choice and ethics in terms of "queer friendship." He describes it as a practice that resists the normative public distinction between romantic and platonic affection and produces new aesthetics for sexual and non-sexual intimacy (Foucault, Essential 170). Linnell Secomb argues that this "double potential" alluded to in Foucault and Duttman's work, has the capacity to neutralise difference as Warner fears (133). However, it can also transform dominant narratives of sexual citizenship, as enabling marriage equality will impact on how we imagine traditional heterosexual or patriarchal "plots" to intimacy (Berlant, "Intimacy" 286). Conclusion Making an informed impact into public debates on marriage equality requires charting the locus of sexuality, intimacy and citizenship. Negotiating academic discourses, social and community activism, with broader institutions and norms presents political and social challenges when thinking about the sorts of intimacy that should be recognised by the state. The civil right to marriage, irrespective of the sex or gender of one's partner, reflects a crucial shift towards important democratic participation of non-heterosexual citizens. However, it is important to note that the value of such intimacy cannot be indexed against a single measure of legal reform. While Butler and Warner present considered indictments on the normalisation of queer intimacy through marriage, such arguments do not account for the impacts of que(e)rying cultural norms and practices through social and political change. Marriage is not a singular or a-historical construction reducible to state recognition. Moreover, in a secular democracy, marriage should be one of many forms of diverse relationship recognition open to same-sex and gender diverse couples. In order to expand the impact of social and legal claims for recognition, it is productive to rethink the complex nature of recognition, ritual and aesthetics within marriage. In doing so, we can begin to transform the possibilities for articulating intimate citizenship in plural democracies. References Australian Christian Lobby. "Submission to the Senate Legal and Constitutional Affairs Legislation Committee Inquiry into the Marriage Equality Amendment Bill 2009." Deakin: ACL, 2009. Australian Government. "Sec. 5." Marriage Act of 1961 (Cth). 1961. ———. Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Reform) Act 2008 (Cth). 2008. Bell, David, and John Binnie. The Sexual Citizen: Queer Politics and Beyond. Oxford: Polity P, 2000. Berlant, Lauren. "Intimacy: A Special Issue." Critical Inquiry 24 (1998): 281-88. ———. "Love, a Queer Feeling." hom*osexuality and Psychoanalysis. Eds. Tim Dean and Christopher Lane. Chicago: U of Chicago P, 2001:432-52. Berlant, Lauren, and Michael Warner. "Sex in Public." Ed. Lauren Berlant. Intimacy. Chicago and London: U of Chicago P, 2000: 311-30. Bower, Lisa. "Queer Problems/Straight Solutions: The Limits of a Politics of 'Official Recognition'" Playing with Fire: Queer Politics, Queer Theories. Ed. Shane Phelan. London and New York: Routledge, 1997: 267-91. Butler, Judith. Gender Trouble: Feminism and the Subversion of Identity. New York and London: Routledge, 1990. ———. Undoing Gender. New York: Routledge, 2004. Duttmann, Alexander. Between Cultures: Tensions in the Struggle for Recognition. London: Verso, 2000. Foucault, Michel. The History of Sexuality (1): The Will to Knowledge. London: Penguin Books, 1977. ———. "Sex, Power and the Politics of Identity." Ethics: Subjectivity and Truth. Ed. Paul Rabinow. London: Allen Lange/Penguin, 1984. 163-74. ———. Essential Works of Foucault: 1954-1984: Ethics, Vol. 1. London: Penguin, 2000. Graycar, Reg, and Jenni Millbank. "From Functional Families to Spinster Sisters: Australia's Distinctive Path to Relationship Recognition." Journal of Law and Policy 24. 2007: 1-44. Gregg, Melissa. "Normal Homes." M/C Journal 10.4 (2007). 27 Aug. 2007 ‹http://journal.media-culture.org.au/0708/02-gregg.php›. Hannam, Jane. Feminism. London and New York: Pearson Education, 2007. Kaplan, Morris. "Intimacy and Equality: The Question of Lesbian and Gay Marriage." Playing with Fire: Queer Politics, Queer Theories. Ed. Shane Phelan. London and New York: Routledge, 1997: 201-30. "Legal Ceremonies for Same-Sex Couples." ABC Online 11 Nov. 2009. 13 Dec. 2011 ‹http://www.abc.net.au/news/stories/2009/11/11/2739661.htm›. McRobbie, Angela. The Aftermath of Feminism: Gender, Culture and Social Change. London and New York: Sage, 2008. Michael. "Why Marriage?" Letter to the Editor. Sydney Star Observer 1031 (20 July 2010): 2. Millbank, Jenni. "Recognition of Lesbian and Gay Families in Australian Law - Part One: Couples." Federal Law Review 34 (2008): 1-44. Perry v. Schwarzenegger. 3: 09 CV 02292. United States District Court for the Northern District of California. 2010. Povinelli, Elizabeth. Empire of Love: Toward a Theory of Intimacy, Genealogy and Carnality. Durham: Duke UP, 2006. Puar, Jasbir. Terrorist Assemblages: hom*onationalism in Queer Times. Durham: Duke UP, 2007. Race, Kane. Pleasure Consuming Medicine: The Queer Politics of Drugs. Durham and London: Duke UP, 2009. Secomb, Linnell. Philosophy and Love. Edinburgh: Edinburgh UP, 2007. Shumway, David. Modern Love: Romance, Intimacy and the Marriage Crisis. New York: New York UP, 2003. Wade, Matt. "PM Joins Opposition against Gay Marriage as Cleric's Election Stalls." The Sydney Morning Herald 6 Aug. 2003. Warner, Michael. The Trouble with Normal: Sex, Politics and the Ethics of Queer Life. Cambridge: Harvard UP, 1999.

Abstract:

Although I'm a rich white guy, I'm also a feminist anti-racism activist who fights for the rights of the poor and oppressed. (Carl Kenner)Systemic bias is a scourge to the pillar of neutrality. (Cerejota)Count me in. Let's leave the bias to the mainstream media. (Orcar967)Because this is so important. (CuttingEdge)These are a handful of comments posted by online editors who have banded together in a virtual coalition to combat Western bias on the world’s largest digital encyclopedia, Wikipedia. This collective action by Wikipedians both acknowledges the inherent inequalities of a user-controlled information project like Wikpedia and highlights the potential for progressive change within that same project. These community members are taking the responsibility of social change into their own hands (or more aptly, their own keyboards).In recent years much research has emerged on Wikipedia from varying fields, ranging from computer science, to business and information systems, to the social sciences. While critical at times of Wikipedia’s growth, governance, and influence, most of this work observes with optimism that barriers to improvement are not firmly structural, but rather they are socially constructed, leaving open the possibility of important and lasting change for the better.WikiProject: Countering Systemic Bias (WP:CSB) considers one such collective effort. Close to 350 editors have signed on to the project, which began in 2004 and itself emerged from a similar project named CROSSBOW, or the “Committee Regarding Overcoming Serious Systemic Bias on Wikipedia.” As a WikiProject, the term used for a loose group of editors who collaborate around a particular topic, these editors work within the Wikipedia site and collectively create a social network that is unified around one central aim—representing the un- and underrepresented—and yet they are bound by no particular unified set of interests. The first stage of a multi-method study, this paper looks at a snapshot of WP:CSB’s activity from both content analysis and social network perspectives to discover “who” geographically this coalition of the unrepresented is inserting into the digital annals of Wikipedia.Wikipedia and WikipediansDeveloped in 2001 by Internet entrepreneur Jimmy Wales and academic Larry Sanger, Wikipedia is an online collaborative encyclopedia hosting articles in nearly 250 languages (Cohen). The English-language Wikipedia contains over 3.2 million articles, each of which is created, edited, and updated solely by users (Wikipedia “Welcome”). At the time of this study, Alexa, a website tracking organisation, ranked Wikipedia as the 6th most accessed site on the Internet. Unlike the five sites ahead of it though—Google, Facebook, Yahoo, YouTube (owned by Google), and live.com (owned by Microsoft)—all of which are multibillion-dollar businesses that deal more with information aggregation than information production, Wikipedia is a non-profit that operates on less than $500,000 a year and staffs only a dozen paid employees (Lih). Wikipedia is financed and supported by the WikiMedia Foundation, a charitable umbrella organisation with an annual budget of $4.6 million, mainly funded by donations (Middleton).Wikipedia editors and contributors have the option of creating a user profile and participating via a username, or they may participate anonymously, with only an IP address representing their actions. Despite the option for total anonymity, many Wikipedians have chosen to visibly engage in this online community (Ayers, Matthews, and Yates; Bruns; Lih), and researchers across disciplines are studying the motivations of these new online collectives (Kane, Majchrzak, Johnson, and Chenisern; Oreg and Nov). The motivations of open source software contributors, such as UNIX programmers and programming groups, have been shown to be complex and tied to both extrinsic and intrinsic rewards, including online reputation, self-satisfaction and enjoyment, and obligation to a greater common good (Hertel, Niedner, and Herrmann; Osterloh and Rota). Investigation into why Wikipedians edit has indicated multiple motivations as well, with community engagement, task enjoyment, and information sharing among the most significant (Schroer and Hertel). Additionally, Wikipedians seem to be taking up the cause of generativity (a concern for the ongoing health and openness of the Internet’s infrastructures) that Jonathan Zittrain notably called for in The Future of the Internet and How to Stop It. Governance and ControlAlthough the technical infrastructure of Wikipedia is built to support and perhaps encourage an equal distribution of power on the site, Wikipedia is not a land of “anything goes.” The popular press has covered recent efforts by the site to reduce vandalism through a layer of editorial review (Cohen), a tightening of control cited as a possible reason for the recent dip in the number of active editors (Edwards). A number of regulations are already in place that prevent the open editing of certain articles and pages, such as the site’s disclaimers and pages that have suffered large amounts of vandalism. Editing wars can also cause temporary restrictions to editing, and Ayers, Matthews, and Yates point out that these wars can happen anywhere, even to Burt Reynold’s page.Academic studies have begun to explore the governance and control that has developed in the Wikipedia community, generally highlighting how order is maintained not through particular actors, but through established procedures and norms. Konieczny tested whether Wikipedia’s evolution can be defined by Michels’ Iron Law of Oligopoly, which predicts that the everyday operations of any organisation cannot be run by a mass of members, and ultimately control falls into the hands of the few. Through exploring a particular WikiProject on information validation, he concludes:There are few indicators of an oligarchy having power on Wikipedia, and few trends of a change in this situation. The high level of empowerment of individual Wikipedia editors with regard to policy making, the ease of communication, and the high dedication to ideals of contributors succeed in making Wikipedia an atypical organization, quite resilient to the Iron Law. (189)Butler, Joyce, and Pike support this assertion, though they emphasise that instead of oligarchy, control becomes encapsulated in a wide variety of structures, policies, and procedures that guide involvement with the site. A virtual “bureaucracy” emerges, but one that should not be viewed with the negative connotation often associated with the term.Other work considers control on Wikipedia through the framework of commons governance, where “peer production depends on individual action that is self-selected and decentralized rather than hierarchically assigned. Individuals make their own choices with regard to resources managed as a commons” (Viegas, Wattenberg and McKeon). The need for quality standards and quality control largely dictate this commons governance, though interviewing Wikipedians with various levels of responsibility revealed that policies and procedures are only as good as those who maintain them. Forte, Larco, and Bruckman argue “the Wikipedia community has remained healthy in large part due to the continued presence of ‘old-timers’ who carry a set of social norms and organizational ideals with them into every WikiProject, committee, and local process in which they take part” (71). Thus governance on Wikipedia is a strong representation of a democratic ideal, where actors and policies are closely tied in their evolution. Transparency, Content, and BiasThe issue of transparency has proved to be a double-edged sword for Wikipedia and Wikipedians. The goal of a collective body of knowledge created by all—the “expert” and the “amateur”—can only be upheld if equal access to page creation and development is allotted to everyone, including those who prefer anonymity. And yet this very option for anonymity, or even worse, false identities, has been a sore subject for some in the Wikipedia community as well as a source of concern for some scholars (Santana and Wood). The case of a 24-year old college dropout who represented himself as a multiple Ph.D.-holding theology scholar and edited over 16,000 articles brought these issues into the public spotlight in 2007 (Doran; Elsworth). Wikipedia itself has set up standards for content that include expectations of a neutral point of view, verifiability of information, and the publishing of no original research, but Santana and Wood argue that self-policing of these policies is not adequate:The principle of managerial discretion requires that every actor act from a sense of duty to exercise moral autonomy and choice in responsible ways. When Wikipedia’s editors and administrators remain anonymous, this criterion is simply not met. It is assumed that everyone is behaving responsibly within the Wikipedia system, but there are no monitoring or control mechanisms to make sure that this is so, and there is ample evidence that it is not so. (141) At the theoretical level, some downplay these concerns of transparency and autonomy as logistical issues in lieu of the potential for information systems to support rational discourse and emancipatory forms of communication (Hansen, Berente, and Lyytinen), but others worry that the questionable “realities” created on Wikipedia will become truths once circulated to all areas of the Web (Langlois and Elmer). With the number of articles on the English-language version of Wikipedia reaching well into the millions, the task of mapping and assessing content has become a tremendous endeavour, one mostly taken on by information systems experts. Kittur, Chi, and Suh have used Wikipedia’s existing hierarchical categorisation structure to map change in the site’s content over the past few years. Their work revealed that in early 2008 “Culture and the arts” was the most dominant category of content on Wikipedia, representing nearly 30% of total content. People (15%) and geographical locations (14%) represent the next largest categories, while the natural and physical sciences showed the greatest increase in volume between 2006 and 2008 (+213%D, with “Culture and the arts” close behind at +210%D). This data may indicate that contributing to Wikipedia, and thus spreading knowledge, is growing amongst the academic community while maintaining its importance to the greater popular culture-minded community. Further work by Kittur and Kraut has explored the collaborative process of content creation, finding that too many editors on a particular page can reduce the quality of content, even when a project is well coordinated.Bias in Wikipedia content is a generally acknowledged and somewhat conflicted subject (Giles; Johnson; McHenry). The Wikipedia community has created numerous articles and pages within the site to define and discuss the problem. Citing a survey conducted by the University of Würzburg, Germany, the “Wikipedia:Systemic bias” page describes the average Wikipedian as:MaleTechnically inclinedFormally educatedAn English speakerWhiteAged 15-49From a majority Christian countryFrom a developed nationFrom the Northern HemisphereLikely a white-collar worker or studentBias in content is thought to be perpetuated by this demographic of contributor, and the “founder effect,” a concept from genetics, linking the original contributors to this same demographic has been used to explain the origins of certain biases. Wikipedia’s “About” page discusses the issue as well, in the context of the open platform’s strengths and weaknesses:in practice editing will be performed by a certain demographic (younger rather than older, male rather than female, rich enough to afford a computer rather than poor, etc.) and may, therefore, show some bias. Some topics may not be covered well, while others may be covered in great depth. No educated arguments against this inherent bias have been advanced.Royal and Kapila’s study of Wikipedia content tested some of these assertions, finding identifiable bias in both their purposive and random sampling. They conclude that bias favoring larger countries is positively correlated with the size of the country’s Internet population, and corporations with larger revenues work in much the same way, garnering more coverage on the site. The researchers remind us that Wikipedia is “more a socially produced document than a value-free information source” (Royal & Kapila).WikiProject: Countering Systemic BiasAs a coalition of current Wikipedia editors, the WikiProject: Countering Systemic Bias (WP:CSB) attempts to counter trends in content production and points of view deemed harmful to the democratic ideals of a valueless, open online encyclopedia. WP:CBS’s mission is not one of policing the site, but rather deepening it:Generally, this project concentrates upon remedying omissions (entire topics, or particular sub-topics in extant articles) rather than on either (1) protesting inappropriate inclusions, or (2) trying to remedy issues of how material is presented. Thus, the first question is "What haven't we covered yet?", rather than "how should we change the existing coverage?" (Wikipedia, “Countering”)The project lays out a number of content areas lacking adequate representation, geographically highlighting the dearth in coverage of Africa, Latin America, Asia, and parts of Eastern Europe. WP:CSB also includes a “members” page that editors can sign to show their support, along with space to voice their opinions on the problem of bias on Wikipedia (the quotations at the beginning of this paper are taken from this “members” page). At the time of this study, 329 editors had self-selected and self-identified as members of WP:CSB, and this group constitutes the population sample for the current study. To explore the extent to which WP:CSB addressed these self-identified areas for improvement, each editor’s last 50 edits were coded for their primary geographical country of interest, as well as the conceptual category of the page itself (“P” for person/people, “L” for location, “I” for idea/concept, “T” for object/thing, or “NA” for indeterminate). For example, edits to the Wikipedia page for a single person like Tony Abbott (Australian federal opposition leader) were coded “Australia, P”, while an edit for a group of people like the Manchester United football team would be coded “England, P”. Coding was based on information obtained from the header paragraphs of each article’s Wikipedia page. After coding was completed, corresponding information on each country’s associated continent was added to the dataset, based on the United Nations Statistics Division listing.A total of 15,616 edits were coded for the study. Nearly 32% (n = 4962) of these edits were on articles for persons or people (see Table 1 for complete coding results). From within this sub-sample of edits, a majority of the people (68.67%) represented are associated with North America and Europe (Figure A). If we break these statistics down further, nearly half of WP:CSB’s edits concerning people were associated with the United States (36.11%) and England (10.16%), with India (3.65%) and Australia (3.35%) following at a distance. These figures make sense for the English-language Wikipedia; over 95% of the population in the three Westernised countries speak English, and while India is still often regarded as a developing nation, its colonial British roots and the emergence of a market economy with large, technology-driven cities are logical explanations for its representation here (and some estimates make India the largest English-speaking nation by population on the globe today).Table A Coding Results Total Edits 15616 (I) Ideas 2881 18.45% (L) Location 2240 14.34% NA 333 2.13% (T) Thing 5200 33.30% (P) People 4962 31.78% People by Continent Africa 315 6.35% Asia 827 16.67% Australia 175 3.53% Europe 1411 28.44% NA 110 2.22% North America 1996 40.23% South America 128 2.58% The areas of the globe of main concern to WP:CSB proved to be much less represented by the coalition itself. Asia, far and away the most populous continent with more than 60% of the globe’s people (GeoHive), was represented in only 16.67% of edits. Africa (6.35%) and South America (2.58%) were equally underrepresented compared to both their real-world populations (15% and 9% of the globe’s population respectively) and the aforementioned dominance of the advanced Westernised areas. However, while these percentages may seem low, in aggregate they do meet the quota set on the WP:CSB Project Page calling for one out of every twenty edits to be “a subject that is systematically biased against the pages of your natural interests.” By this standard, the coalition is indeed making headway in adding content that strategically counterbalances the natural biases of Wikipedia’s average editor.Figure ASocial network analysis allows us to visualise multifaceted data in order to identify relationships between actors and content (Vego-Redondo; Watts). Similar to Davis’s well-known sociological study of Southern American socialites in the 1930s (Scott), our Wikipedia coalition can be conceptualised as individual actors united by common interests, and a network of relations can be constructed with software such as UCINET. A mapping algorithm that considers both the relationship between all sets of actors and each actor to the overall collective structure produces an image of our network. This initial network is bimodal, as both our Wikipedia editors and their edits (again, coded for country of interest) are displayed as nodes (Figure B). Edge-lines between nodes represents a relationship, and here that relationship is the act of editing a Wikipedia article. We see from our network that the “U.S.” and “England” hold central positions in the network, with a mass of editors crowding around them. A perimeter of nations is then held in place by their ties to editors through the U.S. and England, with a second layer of editors and poorly represented nations (Gabon, Laos, Uzbekistan, etc.) around the boundaries of the network.Figure BWe are reminded from this visualisation both of the centrality of the two Western powers even among WP:CSB editoss, and of the peripheral nature of most other nations in the world. But we also learn which editors in the project are contributing most to underrepresented areas, and which are less “tied” to the Western core. Here we see “Wizzy” and “Warofdreams” among the second layer of editors who act as a bridge between the core and the periphery; these are editors with interests in both the Western and marginalised nations. Located along the outer edge, “Gallador” and “Gerrit” have no direct ties to the U.S. or England, concentrating all of their edits on less represented areas of the globe. Identifying editors at these key positions in the network will help with future research, informing interview questions that will investigate their interests further, but more significantly, probing motives for participation and action within the coalition.Additionally, we can break the network down further to discover editors who appear to have similar interests in underrepresented areas. Figure C strips down the network to only editors and edits dealing with Africa and South America, the least represented continents. From this we can easily find three types of editors again: those who have singular interests in particular nations (the outermost layer of editors), those who have interests in a particular region (the second layer moving inward), and those who have interests in both of these underrepresented regions (the center layer in the figure). This last group of editors may prove to be the most crucial to understand, as they are carrying the full load of WP:CSB’s mission.Figure CThe End of Geography, or the Reclamation?In The Internet Galaxy, Manuel Castells writes that “the Internet Age has been hailed as the end of geography,” a bold suggestion, but one that has gained traction over the last 15 years as the excitement for the possibilities offered by information communication technologies has often overshadowed structural barriers to participation like the Digital Divide (207). Castells goes on to amend the “end of geography” thesis by showing how global information flows and regional Internet access rates, while creating a new “map” of the world in many ways, is still closely tied to power structures in the analog world. The Internet Age: “redefines distance but does not cancel geography” (207). The work of WikiProject: Countering Systemic Bias emphasises the importance of place and representation in the information environment that continues to be constructed in the online world. This study looked at only a small portion of this coalition’s efforts (~16,000 edits)—a snapshot of their labor frozen in time—which itself is only a minute portion of the information being dispatched through Wikipedia on a daily basis (~125,000 edits). Further analysis of WP:CSB’s work over time, as well as qualitative research into the identities, interests and motivations of this collective, is needed to understand more fully how information bias is understood and challenged in the Internet galaxy. The data here indicates this is a fight worth fighting for at least a growing few.ReferencesAlexa. “Top Sites.” Alexa.com, n.d. 10 Mar. 2010 ‹http://www.alexa.com/topsites>. Ayers, Phoebe, Charles Matthews, and Ben Yates. How Wikipedia Works: And How You Can Be a Part of It. 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Kane, Gerald C., Ann Majchrzak, Jeremaih Johnson, and Lily Chenisern. A Longitudinal Model of Perspective Making and Perspective Taking within Fluid Online Collectives. Paper presented at the 2009 International Conference on Information Systems, Phoenix, AZ, 2009.Kittur, Aniket, Ed H. Chi, and Bongwon Suh. What’s in Wikipedia? Mapping Topics and Conflict Using Socially Annotated Category Structure. Paper presented at the 2009 CHI Annual Conference, Boston, MA.———, and Robert E. Kraut. Harnessing the Wisdom of Crowds in Wikipedia: Quality through Collaboration. 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Middleton, Chris. “The World of Wikinomics.” Computer Weekly, 20 Jan. 2009: 22-26.Oreg, Shaul, and Oded Nov. “Exploring Motivations for Contributing to Open Source Initiatives: The Roles of Contribution, Context and Personal Values.” Computers in Human Behavior 24 (2008): 2055-2073.Osterloh, Margit and Sandra Rota. “Trust and Community in Open Source Software Production.” Analyse & Kritik 26 (2004): 279-301.Royal, Cindy, and Deepina Kapila. “What’s on Wikipedia, and What’s Not…?: Assessing Completeness of Information.” Social Science Computer Review 27 (2008): 138-148.Santana, Adele, and Donna J. Wood. “Transparency and Social Responsibility Issues for Wikipedia.” Ethics of Information Technology 11 (2009): 133-144.Schroer, Joachim, and Guido Hertel. “Voluntary Engagement in an Open Web-Based Encyclopedia: Wikipedians and Why They Do It.” Media Psychology 12 (2009): 96-120.Scott, John. Social Network Analysis. London: Sage, 1991.Vego-Redondo, Fernando. Complex Social Networks. Cambridge: Cambridge UP, 2007.Viegas, Fernanda B., Martin Wattenberg, and Matthew M. McKeon. “The Hidden Order of Wikipedia.” Online Communities and Social Computing (2007): 445-454.Watts, Duncan. Six Degrees: The Science of a Connected Age. New York, NY: W. W. Norton & Company, 2003Wikipedia. “About.” n.d. 8 Mar. 2010 ‹http://en.wikipedia.org/wiki/Wikipedia:About>. ———. “Welcome to Wikipedia.” n.d. 8 Mar. 2010 ‹http://en.wikipedia.org/wiki/Main_Page>.———. “Wikiproject:Countering Systemic Bias.” n.d. 12 Feb. 2010 ‹http://en.wikipedia.org/wiki/Wikipedia:WikiProject_Countering_systemic_bias#Members>. Zittrain, Jonathan. The Future of the Internet and How to Stop It. New Haven, CT: Yale UP, 2008.

Abstract:

The advent of the #MeToo movement and the scale of participation in 85 countries (Gill and Orgad; see Google Trends) has greatly expanded debate about the revival of feminism (Winch Littler and Keeler) and the contribution of digital media to a “reconfiguration” of feminism (Jouet). Insofar as these campaigns are concerned with sexual harassment and related forms of sexual abuse, the longer history of sexual harassment in which this practice was named by women’s movement activists in the 1970s has gone largely unremarked except in the broad sense of the recharging or “techno-echo[es]” (Jouet) of earlier “waves” of feminism. However, #MeToo and its companion movement #TimesUp, and its fighting fund timesupnow.org, stemmed directly from the allegations in 2017 against the media mogul Harvey Weinstein by Hollywood professionals and celebrities. The naming of prominent, powerful men as harassers and the celebrity sphere of activism have become features of #MeToo that warrant comparison with the naming of sexual harassment in the earlier era of feminism.While the practices it named were not new, the term “sexual harassment” was new, and it became a defining issue in second wave feminism that was conceptualised within the continuum of sexual violence. I outline this history, and how it transformed the private, individual experiences of many women into a shared public consciousness about sexual coercion in the workplace, and some of the debate that this generated within the women’s movement at the time. It offers scope to compare the threshold politics of naming names in the 21st century, and its celebrity vanguard which has led to some ambivalence about the lasting impact. For Kathy Davis (in Zarkov and Davis), for instance, it is atypical of the collective goals of second wave feminism.In comparing the two eras, Anita Hill’s claims against Clarence Thomas in the early 1990s is a bridging incident. It dates from closer to the time in which sexual harassment was named, and Hill’s testimony is now recognised as a prototype of the kinds of claims made against powerful men in the #MeToo era. Lauren Berlant’s account of “Diva Citizenship”, formulated in response to Hill’s testimony to the US Senate, now seems prescient of the unfolding spectacle of feminist subjectivities in the digital public sphere and speaks directly to the relation between individual and collective action in making lasting change. The possibility of change, however, descends from the intervention of the women’s movement in naming sexual harassment.The Name Is AllI found my boss in a room ... . He was alone ... . He greeted me ... touched my hair and ... said ... “Come, Ruth, sit down here.” He motioned to his knee. I felt my face flush. I backed away towards the door ... . Then he rose ... and ... put his hand into his pocket, took out a roll of bills, counted off three dollars, and brought it over to me at the door. “Tell your father,” he said, “to find you a new shop for tomorrow morning.” (Cohen 129)Sexual coercion in the workplace, such as referred to in this workplace novel published in 1918, was spoken about among women in subcultures and gossip long before it was named as sexual harassment. But it had no place in public discourse. Women’s knowledge of sexual harassment coalesced in an act of naming that is reputed to have occurred in a consciousness raising group in New York at the height of the second wave women’s movement. Lin Farley lays claim to it in her book, Sexual Shakedown, first published in 1978, in describing the coinage of the term from a workshop on women and work in 1974 at Cornell University. The group of participants was made up, she says, of near equal numbers of black and white women with “economic backgrounds ranging from very affluent to poor” (11). She describes how, “when we had finished, there was an unmistakable pattern to our employment ... . Each one of us had already quit or been fired from a job at least once because we had been made too uncomfortable by the behaviour of men” (11–12). She claims to have later devised the term “sexual harassment” in collaboration with others from this group (12).The naming of sexual harassment has been described as a kind of “discovery” (Leeds TUCRIC 1) and possibly “the only concept of sexual violence to be labelled by women themselves” (Hearn et al. 20). Not everyone agrees that Farley’s group first coined the term (see Herbert 1989) and there is some evidence that it was in use from the early 1970s. Catherine Mackinnon accredits its first use to the Working Women United Institute in New York in connection with the case of Carmita Wood in 1975 (25). Yet Farley’s account gained authority and is cited in several other contemporary radical feminist works (for instance, see Storrie and Dykstra 26; Wise and Stanley 48), and Sexual Shakedown can now be listed among the iconic feminist manifestoes of the second wave era.The key insight of Farley’s book was that sexual coercion in the workplace was more than aberrant behaviour by individual men but was systemic and organised. She suggests how the phrase sexual harassment “is the first verbal description of women’s feelings about this behaviour and it unstintingly conveys a negative perception of male aggression in the workplace” (32). Others followed in seeing it as organised expression of male power that functions “to keep women out of non-traditional occupations and to reinforce their secondary status in the workplace” (Pringle 93), a wisdom that is now widely accepted but seemed radical at the time.A theoretical literature on sexual harassment grew rapidly from the 1970s in which the definition of sexual harassment was a key element. In Sexual Shakedown, Farley defines it with specific connection to the workplace and a woman’s “function as worker” (33). Some definitions attempted to cover a range of practices that “might threaten a woman’s job security or create a stressful or intimidating working environment” ranging from touching to rape (Sedley and Benn 6). In the wider radical feminist discussion, sexual harassment was located within the “continuum of sexual violence”, a paradigm that highlighted the links between “every day abuses” and “less common experiences labelled as crimes” (Kelly 59). Accordingly, it was seen as a diminished category of rape, termed “little rape” (Bularzik 26), or a means whereby women are “reminded” of the “ever present threat of rape” (Rubinstein 165).The upsurge of research and writing served to document the prevalence and history of sexual harassment. Radical feminist accounts situated the origins in the long-standing patriarchal assumption that economic responsibility for women is ultimately held by men, and how “women forced to earn their own living in the past were believed to be defenceless and possibly immoral” (Rubinstein 166). Various accounts highlighted the intersecting effects of racism and sexism in the experience of black women, and women of colour, in a way that would be now termed intersectional. Jo Dixon discussed black women’s “least advantaged position in the economy coupled with the legacy of slavery” (164), while, in Australia, Linda Rubinstein describes the “sexual exploitation of aboriginal women employed as domestic servants on outback stations” which was “as common as the better documented abuse of slaves in the American South” (166).In The Sexual Harassment of Working Women, Catherine Mackinnon provided a pioneering legal argument that sexual harassment was a form of sex discrimination. She defined two types: the quid pro quo, when “sexual compliance is exchanged, or proposed to be exchanged, for an employment opportunity” (32); and sexual harassment as a “persistent condition of work” that “simply makes the work environment unbearable” (40). Thus the feminist histories of sexual harassment became detailed and strategic. The naming of sexual harassment was a moment of relinquishing women’s experience to the gaze of feminism and the bureaucratic gaze of the state, and, in the legal interventions that followed, it ceased to be exclusively a feminist issue.In Australia, a period of bureaucratisation and state intervention commenced in the late 1970s that corresponded with similar legislative responses abroad. The federal Sex Discrimination Act was amended in 1984 to include a definition of sexual harassment, and State and Territory jurisdictions also framed legislation pertaining to sexual harassment (see Law Council of Australia). The regimes of redress were linked with Equal Opportunity and Affirmative Action frameworks and were of a civil order. Under the law, there was potential for employers to be found vicariously liable for sexual harassment.In the women’s movement, legislative strategies were deemed reformist. Radical and socialist feminists perceived the de-gendering effects of these policies in the workplace that risked collusion with the state. Some argued that naming and defining sexual harassment denies that women constantly deal with a range of harassment anywhere, not only in the workplace (Wise and Stanley 10); while others argued that reformist approaches effectively legitimate other forms of sex discrimination not covered by legislation (Game and Pringle 290). However, in feminism and in the policy realm, the debate concerned sexual harassment in the general workplace. In contrast to #MeToo, it was not led by celebrity voices, nor galvanised by incidents in the sphere of entertainment, nor, by and large, among figures of public office, except for a couple of notable exceptions, including Anita Hill.The “Spectacle of Subjectivity” in the “Scene of Public Life”Through the early 1990s as an MA candidate at the University of Queensland, I studied media coverage of sexual harassment cases, clipping newspapers and noting electronic media reports on a daily basis. These mainly concerned incidents in government sector workplaces or small commercial enterprises. While the public prominence of the parties involved was not generally a factor in reportage, occasionally, prominent individuals were affected, such as the harassment of the athlete Michelle Baumgartner at the Commonwealth Games in 1990 which received extensive coverage but the offenders were never publicly named or disciplined. Two other incidents stand out: the Ormond College case at the University of Melbourne, about which much has been written; and Anita Hill’s claims against Clarence Thomas during his nomination to the US Supreme Court in 1991.The spectacle of Hill’s testimony to the US Senate is now an archetype of claims against powerful men, although, at the time, her credibility was attacked and her dignified presentation was criticised as “too composed. Too cool. Too censorious” (Legge 31). Hill was also seen to counterpose the struggles of race and gender, and Thomas himself famously described it as “a hi-tech lynching of an uppity black” (qtd in Stephens 1). By “hi-tech”, Thomas alluded to the occasion of the first-ever live national broadcast of the United States Senate hearings in which Hill’s claims were aired directly to the national public, and re-broadcast internationally in news coverage. Thus, it was not only the claims but the scale and medium of delivery to a global audience that set it apart from other sexual harassment stories.Recent events have since prompted revisiting of the inequity of Hill’s treatment at the Senate hearings. But well before this, in an epic and polemical study of American public culture, Berlant reflected at length on the heroism of Hill’s “witnessing” as paradigmatic of citizenship in post-Reaganite America’s “shrinking” public sphere. It forms part of her much wider thesis regarding the “intimate public sphere” and the form of citizenship “produced by personal acts and values” (5) in the absence of a context that “makes ordinary citizens feel they have a common public culture, or influence on a state” (3), and in which the fundamental inequality of minority cultures is assumed. For Berlant, Hill’s testimony becomes the model of “Diva Citizenship”; the “strange intimacy” in which the Citizen Diva, “the subordinated person”, believes in the capacity of the privileged ones “to learn and to change” and “trust[s] ... their innocence of ... their obliviousness” of the system that has supported her subjugation (222–223). While Berlant’s thesis pertains to profound social inequalities, there is no mistaking the comparison to the digital feminist in the #MeToo era in the call to identify with her suffering and courage.Of Hill’s testimony, Berlant describes how: “a member of a stigmatised population testifies reluctantly to a hostile public the muted and anxious history of her imperiled citizenship” (222). It is an “act of heroic pedagogy” (223) which occurs when “a person stages a dramatic coup in a public sphere in which she does not have privilege” (223). In such settings, “acts of language can feel like explosives” and put “the dominant story into suspended animation” (223). The Diva Citizen cannot “change the world” but “challenges her audience” to identify with her “suffering” and the “courage she has had to produce” in “calling on people to change the practices of citizenship into which they currently consent” (223). But Berlant cautions that the strongest of Divas cannot alone achieve change because “remaking the scene of public life into a spectacle of subjectivity” can lead to “a confusion of ... memorable rhetorical performance with sustained social change itself” (223). Instead, she argues that the Diva’s act is a call; the political obligation for the action of change lies with the collective, the greater body politic.The EchoIf Acts of Diva Citizenship abound in the #MeToo movement, relations between the individual and the collective are in question in a number of ways. This suggests a basis of comparison between past and present feminisms which have come full circle in the renewed recognition of sexual harassment in the continuum of sexual violence. Compared with the past, the voices of #MeToo are arguably empowered by a genuine, if gradual, change in the symbolic status of women, and a corresponding destabilization of the images of male power since the second wave era of feminism. The one who names an abuser on Twitter symbolises a power of individual courage, backed by a responding collective voice of supporters. Yet there are concerns about who can “speak out” without access to social media or with the constraint that “the sanctions would be too great” (Zarkov and Davis). Conversely, the “spreadability” — as Jenkins, Ford and Green term the travelling properties of digital media — and the apparent relative ease of online activism might belie the challenge and courage of those who make the claims and those who respond.The collective voice is also allied with other grassroots movements like slu*tWalk (Jouet), the women’s marches in the US against the Trump presidency, and the several national campaigns — in India and Egypt, for instance (Zarkov and Davis) — that contest sexual violence and gender inequality. The “sheer numbers” of participation in #MeToo testify to “the collectivity of it all” and the diversity of the movement (Gill and Orgad). If the #MeToo hashtag gained traction with the “experiences of white heterosexual women in the US”, it “quickly expanded” due to “broad and inclusive appeal” with stories of queer women and men and people of colour well beyond the Global North. Even so, Tarana Burke, who founded the #MeToo hashtag in 2006 in her campaign of social justice for working class women and girls of colour, and endorsed its adoption by Hollywood, highlights the many “untold stories”.More strikingly, #MeToo participants name the names of the alleged harassers. The naming of names, famous names, is threshold-crossing and as much the public-startling power of the disclosures as the allegations and stimulates newsworthiness in conventional media. The resonance is amplified in the context of the American crisis over the Trump presidency in the sense that the powerful men called out become echoes or avatars of Trump’s monstrous manhood and the urgency of denouncing it. In the case of Harvey Weinstein, the name is all. A figure of immense power who symbolised an industry, naming Weinstein blew away the defensive old Hollywood myths of “casting couches” and promised, perhaps idealistically, the possibility for changing a culture and an industrial system.The Hollywood setting for activism is the most striking comparison with second wave feminism. A sense of contradiction emerges in this new “visibility” of sexual harassment in a culture that remains predominantly “voyeuristic” and “sexist” (Karkov and Davis), and not least in the realm of Hollywood where the sexualisation of women workers has long been a notorious open secret. A barrage of Hollywood feminism has accompanied #MeToo and #TimesUp in the campaign for diversity at the Oscars, and the stream of film remakes of formerly all-male narrative films that star all-female casts (Ghostbusters; Oceans 11; Dirty, Rotten Scoundrels). Cynically, this trend to make popular cinema a public sphere for gender equality in the film industry seems more glorifying than subversive of Hollywood masculinities. Uneasily, it does not overcome those lingering questions about why these conditions were uncontested openly for so long, and why it took so long for someone to go public, as Rose McGowan did, with claims about Harvey Weinstein.However, a reading of She Said, by Jodie Kantor and Megan Tuohey, the journalists who broke the Weinstein story in the New York Times — following their three year efforts to produce a legally water-tight report — makes clear that it was not for want of stories, but firm evidence and, more importantly, on-the-record testimony. If not for their (and others’) fastidious journalism and trust-building and the Citizen Divas prepared to disclose their experiences publicly, Weinstein might not be convicted today. Yet without the naming of the problem of sexual harassment in the women’s movement all those years ago, none of this may have come to pass. Lin Farley can now be found on YouTube retelling the story (see “New Mexico in Focus”).It places the debate about digital activism and Hollywood feminism in some perspective and, like the work of journalists, it is testament to the symbiosis of individual and collective effort in the action of change. The tweeting activism of #MeToo supplements the plenum of knowledge and action about sexual harassment across time: the workplace novels, the consciousness raising, the legislation and the poster campaigns. In different ways, in both eras, this literature demonstrates that names matter in calling for change on sexual harassment. But, if #MeToo is to become the last long take on sexual harassment, then, as Berlant advocates, the responsibility lies with the body politic who must act collectively for change in ways that will last well beyond the courage of the Citizen Divas who so bravely call it on.ReferencesBerlant, Lauren. The Queen of America Goes to Washington City: Essays on Sex and Citizenship. 1997. Durham: Duke UP, 2002.Bularzik, Mary. “Sexual Harassment at the Workplace: Historical Notes.” Radical America 12.4 (1978): 25-43.Cohen, Rose. Out of the Shadow. NY: Doran, 1918.Dixon, Jo. “Feminist Reforms of Sexual Coercion Laws.” Sexual Coercion: A Sourcebook on Its Nature, Causes and Prevention. Eds. Elizabeth Grauerholz and Mary A. Karlewski. Massachusetts: Lexington, 1991. 161-171.Farley, Lin. Sexual Shakedown: The Sexual Harassment of Women in the Working World. London: Melbourne House, 1978.Game, Ann, and Rosemary Pringle. “Beyond Gender at Work: Secretaries.” Australian Women: New Feminist Perspectives. Melbourne: Oxford UP, 1986. 273–91.Gill, Rosalind, and Shani Orgad. “The Shifting Terrain of Sex and Power: From the ‘Sexualisation of Culture’ to #MeToo.” Sexualities 21.8 (2018): 1313–1324. <https://doi-org.elibrary.jcu.edu.au/10.1177/1363460718794647>.Google Trends. “Me Too Rising: A Visualisation of the Movement from Google Trends.” 2017–2020. <https://metoorising.withgoogle.com>.Hearn, Jeff, Deborah Shepherd, Peter Sherrif, and Gibson Burrell. The Sexuality of Organization. London: Sage, 1989.Herbert, Carrie. Talking of Silence: The Sexual Harassment of Schoolgirls. London: Falmer, 1989.Jenkins, Henry, Sam Ford, and Joshua Green. Spreadable Media: Creating Value and Meaning in a Networked Culture. New York: New York UP, 2013.Jouet, Josiane. “Digital Feminism: Questioning the Renewal of Activism.” Journal of Research in Gender Studies 8.1 (2018). 1 Jan. 2018. <http://dx.doi.org.elibrary.jcu.edu.au/10.22381/JRGS8120187>.Kantor, Jodi, and Megan Twohey. She Said: Breaking the Sexual Harassment Story That Helped Ignite a Movement. London: Bloomsbury, 2019.Kelly, Liz. “The Continuum of Sexual Violence.” Women, Violence, and Social Control. Eds. Jalna Hanmer and Mary Maynard. London: MacMillan, 1989. 46–60.Legge, Kate. “The Harassment of America.” Weekend Australian 19–20 Oct. 1991: 31.Mackinnon, Catherine. The Sexual Harassment of Working Women. New Haven: Yale UP, 1979.New Mexico in Focus, a Production of NMPBS. 26 Jan. 2018. <https://www.youtube.com/watch?v=LlO5PiwZk8U>.Pringle, Rosemary. Secretaries Talk. Sydney: Allen and Unwin, 1988.Rubinstein, Linda. “Dominance Eroticized: Sexual Harassment of Working Women.” Worth Her Salt. Eds. Margaret Bevege, Margaret James, and Carmel Shute. Sydney: Hale and Iremonger, 1982. 163–74.Sedley, Ann, and Melissa Benn. Sexual Harassment at Work. London: NCCL Rights for Women Unit, 1986.Stephens, Peter. “America’s Sick and Awful Farce.” Sydney Morning Herald 14 Oct. 1991: 1.Storrie, Kathleen, and Pearl Dykstra. “Bibliography on Sexual Harassment.” Resources for Feminist Research/Documentation 10.4 (1981–1982): 25–32.Wise, Sue, and Liz Stanley. Georgie Porgie: Sexual Harassment in Every Day Life. London: Pandora, 1987.Winch, Alison, Jo Littler, and Jessalyn Keller. “Why ‘Intergenerational Feminist Media Studies’?” Feminist Media Studies 16.4 (2016): 557–572. <https://doi.org/10.1080/14680777.2016.1193285>.Zarkov, Dubravka, and Kathy Davis. “Ambiguities and Dilemmas around #MeToo: #ForHowLong and #WhereTo?” European Journal of Women's Studies 25.1 (2018): 3–9. <https://doi.org/10.1177/1350506817749436>.

Abstract:

1. Guy Debord in the Land of the Long WeekendIt’s the weekend – leisure time. It’s the interlude when, Guy Debord contends, the proletarian is briefly free of the “total contempt so clearly built into every aspect of the organization and management of production” in commodity capitalism; when workers are temporarily “treated like grown-ups, with a great show of solicitude and politeness, in their new role as consumers.” But this patronising show turns out to be another form of subjection to the diktats of “political economy”: “the totality of human existence falls under the regime of the ‘perfected denial of man’.” (30). As Debord suggests, even the creation of leisure time and space is predicated upon a form of contempt: the “perfected denial” of who we, as living people, really are in the eyes of those who presume the power to legislate our working practices and private identities.This Saturday The Weekend Australian runs an opinion piece by Christopher Pearson, defending ABC Radio National’s Stephen Crittenden, whose program The Religion Report has been axed. “Some of Crittenden’s finest half-hours have been devoted to Islam in Australia in the wake of September 11,” Pearson writes. “Again and again he’s confronted a left-of-centre audience that expected multi-cultural pieties with disturbing assertions.” Along the way in this admirable Crusade, Pearson notes that Crittenden has exposed “the Left’s recent tendency to ally itself with Islam.” According to Pearson, Crittenden has also thankfully given oxygen to claims by James Cook University’s Mervyn Bendle, the “fairly conservative academic whose work sometimes appears in [these] pages,” that “the discipline of critical terrorism studies has been captured by neo-Marxists of a postmodern bent” (30). Both of these points are well beyond misunderstanding or untested proposition. If Pearson means them sincerely he should be embarrassed and sacked. But of course he does not and will not be. These are deliberate lies, the confabulations of an eminent right-wing culture warrior whose job is to vilify minorities and intellectuals (Bendle escapes censure as an academic because he occasionally scribbles for the Murdoch press). It should be observed, too, how the patent absurdity of Pearson’s remarks reveals the extent to which he holds the intelligence of his readers in contempt. And he is not original in peddling these toxic wares.In their insightful—often hilarious—study of Australian opinion writers, The War on Democracy, Niall Lucy and Steve Mickler identify the left-academic-Islam nexus as the brain-child of former Treasurer-cum-memoirist Peter Costello. The germinal moment was “a speech to the Australian American Leadership Dialogue forum at the Art Gallery of NSW in 2005” concerning anti-Americanism in Australian schools. Lucy and Mickler argue that “it was only a matter of time” before a conservative politician or journalist took the plunge to link the left and terrorism, and Costello plunged brilliantly. He drew a mental map of the Great Chain of Being: left-wing academics taught teacher trainees to be anti-American; teacher trainees became teachers and taught kids to be anti-American; anti-Americanism morphs into anti-Westernism; anti-Westernism veers into terrorism (38). This is contempt for the reasoning capacity of the Australian people and, further still, contempt for any observable reality. Not for nothing was Costello generally perceived by the public as a politician whose very physiognomy radiated smugness and contempt.Recycling Costello, Christopher Pearson’s article subtly interpellates the reader as an ordinary, common-sense individual who instinctively feels what’s right and has no need to think too much—thinking too much is the prerogative of “neo-Marxists” and postmodernists. Ultimately, Pearson’s article is about channelling outrage: directing the down-to-earth passions of the Australian people against stock-in-trade culture-war hate figures. And in Pearson’s paranoid world, words like “neo-Marxist” and “postmodern” are devoid of historical or intellectual meaning. They are, as Lucy and Mickler’s War on Democracy repeatedly demonstrate, mere ciphers packed with the baggage of contempt for independent critical thought itself.Contempt is everywhere this weekend. The Weekend Australian’s colour magazine runs a feature story on Malcolm Turnbull: one of those familiar profiles designed to reveal the everyday human touch of the political classes. In this puff-piece, Jennifer Hewett finds Turnbull has “a restless passion for participating in public life” (20); that beneath “the aggressive political rhetoric […] behind the journalist turned lawyer turned banker turned politician turned would-be prime minister is a man who really enjoys that human interaction, however brief, with the many, many ordinary people he encounters” (16). Given all this energetic turning, it’s a wonder that Turnbull has time for human interactions at all. The distinction here of Turnbull and “many, many ordinary people” – the anonymous masses – surely runs counter to Hewett’s brief to personalise and quotidianise him. Likewise, those two key words, “however brief”, have an unfortunate, unintended effect. Presumably meant to conjure a picture of Turnbull’s hectic schedules and serial turnings, the words also convey the image of a patrician who begrudgingly knows one of the costs of a political career is that common flesh must be pressed—but as gingerly as possible.Hewett proceeds to disclose that Turnbull is “no conservative cultural warrior”, “onfounds stereotypes” and “hates labels” (like any baby-boomer rebel) and “has always read widely on political philosophy—his favourite is Edmund Burke”. He sees the “role of the state above all as enabling people to do their best” but knows that “the main game is the economy” and is “content to play mainstream gesture politics” (19). I am genuinely puzzled by this and imagine that my intelligence is being held in contempt once again. That the man of substance is given to populist gesturing is problematic enough; but that the Burke fan believes the state is about personal empowerment is just too much. Maybe Turnbull is a fan of Burke’s complex writings on the sublime and the beautiful—but no, Hewett avers, Turnbull is engaged by Burke’s “political philosophy”. So what is it in Burke that Turnbull finds to favour?Turnbull’s invocation of Edmund Burke is empty, gestural and contradictory. The comfortable notion that the state helps people to realise their potential is contravened by Burke’s view that the state functions so “the inclinations of men should frequently be thwarted, their will controlled, and their passions brought into subjection… by a power out of themselves” (151). Nor does Burke believe that anyone of humble origins could or should rise to the top of the social heap: “The occupation of an hair-dresser, or of a working tallow-chandler, cannot be a matter of honour to any person… the state suffers oppression, if such as they, either individually or collectively, are permitted to rule” (138).If Turnbull’s main game as a would-be statesman is the economy, Burke profoundly disagrees: “the state ought not to be considered as nothing better than a partnership agreement in a trade of pepper and coffee, callico or tobacco, or some other such low concern… It is a partnership in all science; a partnership in all art; a partnership in every virtue, and in all perfection”—a sublime entity, not an economic manager (194). Burke understands, long before Antonio Gramsci or Louis Althusser, that individuals or social fractions must be made admirably “obedient” to the state “by consent or force” (195). Burke has a verdict on mainstream gesture politics too: “When men of rank sacrifice all ideas of dignity to an ambition without a distinct object, and work with low instruments and for low ends, the whole composition [of the state] becomes low and base” (136).Is Malcolm Turnbull so contemptuous of the public that he assumes nobody will notice the gross discrepancies between his own ideals and what Burke stands for? His invocation of Burke is, indeed, “mainstream gesture politics”: on one level, “Burke” signifies nothing more than Turnbull’s performance of himself as a deep thinker. In this process, the real Edmund Burke is historically erased; reduced to the status of stage-prop in the theatrical production of Turnbull’s mass-mediated identity. “Edmund Burke” is re-invented as a term in an aesthetic repertoire.This transmutation of knowledge and history into mere cipher is the staple trick of culture-war discourse. Jennifer Hewett casts Turnbull as “no conservative culture warrior”, but he certainly shows a facility with culture-war rhetoric. And as much as Turnbull “confounds stereotypes” his verbal gesture to Edmund Burke entrenches a stereotype: at another level, the incantation “Edmund Burke” is implicitly meant to connect Turnbull with conservative tradition—in the exact way that John Howard regularly self-nominated as a “Burkean conservative”.This appeal to tradition effectively places “the people” in a power relation. Tradition has a sublimity that is bigger than us; it precedes us and will outlast us. Consequently, for a politician to claim that tradition has fashioned him, that he is welded to it or perhaps even owns it as part of his heritage, is to glibly imply an authority greater than that of “the many, many ordinary people”—Burke’s hair-dressers and tallow-chandlers—whose company he so briefly enjoys.In The Ideology of the Aesthetic, Terry Eagleton assesses one of Burke’s important legacies, placing him beside another eighteenth-century thinker so loved by the right—Adam Smith. Ideology of the Aesthetic is premised on the view that “Aesthetics is born as a discourse of the body”; that the aesthetic gives form to the “primitive materialism” of human passions and organises “the whole of our sensate life together… a society’s somatic, sensational life” (13). Reading Smith’s Theory of Moral Sentiments, Eagleton discerns that society appears as “an immense machine, whose regular and harmonious movements produce a thousand agreeable effects”, like “any production of human art”. In Smith’s work, the “whole of social life is aestheticized” and people inhabit “a social order so spontaneously cohesive that its members no longer need to think about it.” In Burke, Eagleton discovers that the aesthetics of “manners” can be understood in terms of Gramscian hegemony: “in the aesthetics of social conduct, or ‘culture’ as it would later be called, the law is always with us, as the very unconscious structure of our life”, and as a result conformity to a dominant ideological order is deeply felt as pleasurable and beautiful (37, 42). When this conservative aesthetic enters the realm of politics, Eagleton contends, the “right turn, from Burke” onwards follows a dark trajectory: “forget about theoretical analysis… view society as a self-grounding organism, all of whose parts miraculously interpenetrate without conflict and require no rational justification. Think with the blood and the body. Remember that tradition is always wiser and richer than one’s own poor, pitiable ego. It is this line of descent, in one of its tributaries, which will lead to the Third Reich” (368–9).2. Jean Baudrillard, the Nazis and Public MemoryIn 1937, during the Spanish Civil War, the Third Reich’s Condor Legion of the Luftwaffe was on loan to Franco’s forces. On 26 April that year, the Condor Legion bombed the market-town of Guernica: the first deliberate attempt to obliterate an entire town from the air and the first experiment in what became known as “terror bombing”—the targeting of civilians. A legacy of this violence was Pablo Picasso’s monumental canvas Guernica – the best-known anti-war painting in art history.When US Secretary of State Colin Powell addressed the United Nations on 5 February 2003 to make the case for war on Iraq, he stopped to face the press in the UN building’s lobby. The doorstop was globally televised, packaged as a moment of incredible significance: history in the making. It was also theatre: a moment in which history was staged as “event” and the real traces of history were carefully erased. Millions of viewers world-wide were undoubtedly unaware that the blue backdrop before which Powell stood was specifically designed to cover the full-scale tapestry copy of Picasso’s Guernica. This one-act, agitprop drama was a splendid example of politics as aesthetic action: a “performance” of history in the making which required the loss of actual historical memory enshrined in Guernica. Powell’s performance took its cues from the culture wars, which require the ceaseless erasure of history and public memory—on this occasion enacted on a breathtaking global, rather than national, scale.Inside the UN chamber, Powell’s performance was equally staged-crafted. As he brandished vials of ersatz anthrax, the power-point behind him (the theatrical set) showed artists’ impressions of imaginary mobile chemical weapons laboratories. Powell was playing lead role in a kind of populist, hyperreal production. It was Jean Baudrillard’s postmodernism, no less, as the media space in which Powell acted out the drama was not a secondary representation of reality but a reality of its own; the overheads of mobile weapons labs were simulacra, “models of a real without origins or reality”, pictures referring to nothing but themselves (2). In short, Powell’s performance was anchored in a “semiurgic” aesthetic; and it was a dreadful real-life enactment of Walter Benjamin’s maxim that “All efforts to render politics aesthetic culminate in one thing: war” (241).For Benjamin, “Fascism attempts to organize the newly created proletarian masses without affecting the property structure which the masses strive to eliminate.” Fascism gave “these masses not their right, but instead a chance to express themselves.” In turn, this required “the introduction of aesthetics into politics”, the objective of which was “the production of ritual values” (241). Under Adolf Hitler’s Reich, people were able to express themselves but only via the rehearsal of officially produced ritual values: by their participation in the disquisition on what Germany meant and what it meant to be German, by the aesthetic regulation of their passions. As Frederic Spotts’ fine study Hitler and the Power of Aesthetics reveals, this passionate disquisition permeated public and private life, through the artfully constructed total field of national narratives, myths, symbols and iconographies. And the ritualistic reiteration of national values in Nazi Germany hinged on two things: contempt and memory loss.By April 1945, as Berlin fell, Hitler’s contempt for the German people was at its apogee. Hitler ordered a scorched earth operation: the destruction of everything from factories to farms to food stores. The Russians would get nothing, the German people would perish. Albert Speer refused to implement the plan and remembered that “Until then… Germany and Hitler had been synonymous in my mind. But now I saw two entities opposed… A passionate love of one’s country… a leader who seemed to hate his people” (Sereny 472). But Hitler’s contempt for the German people was betrayed in the blusterous pages of Mein Kampf years earlier: “The receptivity of the great masses is very limited, their intelligence is small, but their power of forgetting is enormous” (165). On the back of this belief, Hitler launched what today would be called a culture war, with its Jewish folk devils, loathsome Marxist intellectuals, incitement of popular passions, invented traditions, historical erasures and constant iteration of values.When Theodor Adorno and Max Horkheimer fled Fascism, landing in the United States, their view of capitalist democracy borrowed from Benjamin and anticipated both Baudrillard and Guy Debord. In their well-know essay on “The Culture Industry”, in Dialectic of Enlightenment, they applied Benjamin’s insight on mass self-expression and the maintenance of property relations and ritual values to American popular culture: “All are free to dance and enjoy themselves”, but the freedom to choose how to do so “proves to be the freedom to choose what is always the same”, manufactured by monopoly capital (161–162). Anticipating Baudrillard, they found a society in which “only the copy appears: in the movie theatre, the photograph; on the radio, the recording” (143). And anticipating Debord’s “perfected denial of man” they found a society where work and leisure were structured by the repetition-compulsion principles of capitalism: where people became consumers who appeared “s statistics on research organization charts” (123). “Culture” came to do people’s thinking for them: “Pleasure always means not to think about anything, to forget suffering even where it is shown” (144).In this mass-mediated environment, a culture of repetitions, simulacra, billboards and flickering screens, Adorno and Horkheimer concluded that language lost its historical anchorages: “Innumerable people use words and expressions which they have either ceased to understand or employ only because they trigger off conditioned reflexes” in precisely the same way that the illusory “free” expression of passions in Germany operated, where words were “debased by the Fascist pseudo-folk community” (166).I know that the turf of the culture wars, the US and Australia, are not Fascist states; and I know that “the first one to mention the Nazis loses the argument”. I know, too, that there are obvious shortcomings in Adorno and Horkheimer’s reactions to popular culture and these have been widely criticised. However, I would suggest that there is a great deal of value still in Frankfurt School analyses of what we might call the “authoritarian popular” which can be applied to the conservative prosecution of populist culture wars today. Think, for example, how the concept of a “pseudo folk community” might well describe the earthy, common-sense public constructed and interpellated by right-wing culture warriors: America’s Joe Six-Pack, John Howard’s battlers or Kevin Rudd’s working families.In fact, Adorno and Horkheimer’s observations on language go to the heart of a contemporary culture war strategy. Words lose their history, becoming ciphers and “triggers” in a politicised lexicon. Later, Roland Barthes would write that this is a form of myth-making: “myth is constituted by the loss of the historical quality of things.” Barthes reasoned further that “Bourgeois ideology continuously transforms the products of history into essential types”, generating a “cultural logic” and an ideological re-ordering of the world (142). Types such as “neo-Marxist”, “postmodernist” and “Burkean conservative”.Surely, Benjamin’s assessment that Fascism gives “the people” the occasion to express itself, but only through “values”, describes the right’s pernicious incitement of the mythic “dispossessed mainstream” to reclaim its voice: to shout down the noisy minorities—the gays, greenies, blacks, feminists, multiculturalists and neo-Marxist postmodernists—who’ve apparently been running the show. Even more telling, Benjamin’s insight that the incitement to self-expression is connected to the maintenance of property relations, to economic power, is crucial to understanding the contemptuous conduct of culture wars.3. Jesus Dunked in Urine from Kansas to CronullaAmerican commentator Thomas Frank bases his study What’s the Matter with Kansas? on this very point. Subtitled How Conservatives Won the Heart of America, Frank’s book is a striking analysis of the indexation of Chicago School free-market reform and the mobilisation of “explosive social issues—summoning public outrage over everything from busing to un-Christian art—which it then marries to pro-business policies”; but it is the “economic achievements” of free-market capitalism, “not the forgettable skirmishes of the never-ending culture wars” that are conservatism’s “greatest monuments.” Nevertheless, the culture wars are necessary as Chicago School economic thinking consigns American communities to the rust belt. The promise of “free-market miracles” fails ordinary Americans, Frank reasons, leaving them in “backlash” mode: angry, bewildered and broke. And in this context, culture wars are a convenient form of anger management: “Because some artist decides to shock the hicks by dunking Jesus in urine, the entire planet must remake itself along the lines preferred” by nationalist, populist moralism and free-market fundamentalism (5).When John Howard received the neo-conservative American Enterprise Institute’s Irving Kristol Award, on 6 March 2008, he gave a speech in Washington titled “Sharing Our Common Values”. The nub of the speech was Howard’s revelation that he understood the index of neo-liberal economics and culture wars precisely as Thomas Frank does. Howard told the AEI audience that under his prime ministership Australia had “pursued reform and further modernisation of our economy” and that this inevitably meant “dislocation for communities”. This “reform-dislocation” package needed the palliative of a culture war, with his government preaching the “consistency and reassurance” of “our nation’s traditional values… pride in her history”; his government “became assertive about the intrinsic worth of our national identity. In the process we ended the seemingly endless seminar about that identity which had been in progress for some years.” Howard’s boast that his government ended the “seminar” on national identity insinuates an important point. “Seminar” is a culture-war cipher for intellection, just as “pride” is code for passion; so Howard’s self-proclaimed achievement, in Terry Eagleton’s terms, was to valorise “the blood and the body” over “theoretical analysis”. This speaks stratospheric contempt: ordinary people have their identity fashioned for them; they need not think about it, only feel it deeply and passionately according to “ritual values”. Undoubtedly this paved the way to Cronulla.The rubric of Howard’s speech—“Sharing Our Common Values”—was both a homage to international neo-conservatism and a reminder that culture wars are a trans-national phenomenon. In his address, Howard said that in all his “years in politics” he had not heard a “more evocative political slogan” than Ronald Reagan’s “Morning in America”—the rhetorical catch-cry for moral re-awakening that launched the culture wars. According to Lawrence Grossberg, America’s culture wars were predicated on the perception that the nation was afflicted by “a crisis of our lack of passion, of not caring enough about the values we hold… a crisis of nihilism which, while not restructuring our ideological beliefs, has undermined our ability to organise effective action on their behalf”; and this “New Right” alarmism “operates in the conjuncture of economics and popular culture” and “a popular struggle by which culture can lead politics” in the passionate pursuit of ritual values (31–2). When popular culture leads politics in this way we are in the zone of the image, myth and Adorno and Horkheimer’s “trigger words” that have lost their history. In this context, McKenzie Wark observes that “radical writers influenced by Marx will see the idea of culture as compensation for a fragmented and alienated life as a con. Guy Debord, perhaps the last of the great revolutionary thinkers of Europe, will call it “the spectacle”’ (20). Adorno and Horkheimer might well have called it “the authoritarian popular”. As Jonathan Charteris-Black’s work capably demonstrates, all politicians have their own idiolect: their personally coded language, preferred narratives and myths; their own vision of who “the people” might or should be that is conjured in their words. But the language of the culture wars is different. It is not a personal idiolect. It is a shared vocabulary, a networked vernacular, a pervasive trans-national aesthetic that pivots on the fact that words like “neo-Marxist”, “postmodern” and “Edmund Burke” have no historical or intellectual context or content: they exist as the ciphers of “values”. And the fact that culture warriors continually mouth them is a supreme act of contempt: it robs the public of its memory. And that’s why, as Lucy and Mickler’s War on Democracy so wittily argues, if there are any postmodernists left they’ll be on the right.Benjamin, Adorno, Horkheimer and, later, Debord and Grossberg understood how the political activation of the popular constitutes a hegemonic project. The result is nothing short of persuading “the people” to collaborate in its own oppression. The activation of the popular is perfectly geared to an age where the main stage of political life is the mainstream media; an age in which, Charteris-Black notes, political classes assume the general antipathy of publics to social change and act on the principle that the most effective political messages are sold to “the people” by an appeal “to familiar experiences”—market populism (10). In her substantial study The Persuaders, Sally Young cites an Australian Labor Party survey, conducted by pollster Rod Cameron in the late 1970s, in which the party’s message machine was finely tuned to this populist position. The survey also dripped with contempt for ordinary people: their “Interest in political philosophy… is very low… They are essentially the products (and supporters) of mass market commercialism”. Young observes that this view of “the people” was the foundation of a new order of political advertising and the conduct of politics on the mass-media stage. Cameron’s profile of “ordinary people” went on to assert that they are fatally attracted to “a moderate leader who is strong… but can understand and represent their value system” (47): a prescription for populist discourse which begs the question of whether the values a politician or party represent via the media are ever really those of “the people”. More likely, people are hegemonised into a value system which they take to be theirs. Writing of the media side of the equation, David Salter raises the point that when media “moguls thunder about ‘the public interest’ what they really mean is ‘what we think the public is interested in”, which is quite another matter… Why this self-serving deception is still so sheepishly accepted by the same public it is so often used to violate remains a mystery” (40).Sally Young’s Persuaders retails a story that she sees as “symbolic” of the new world of mass-mediated political life. The story concerns Mark Latham and his “revolutionary” journeys to regional Australia to meet the people. “When a political leader who holds a public meeting is dubbed a ‘revolutionary’”, Young rightly observes, “something has gone seriously wrong”. She notes how Latham’s “use of old-fashioned ‘meet-and-greet’campaigning methods was seen as a breath of fresh air because it was unlike the type of packaged, stage-managed and media-dependent politics that have become the norm in Australia.” Except that it wasn’t. “A media pack of thirty journalists trailed Latham in a bus”, meaning, that he was not meeting the people at all (6–7). He was traducing the people as participants in a media spectacle, as his “meet and greet” was designed to fill the image-banks of print and electronic media. Even meeting the people becomes a media pseudo-event in which the people impersonate the people for the camera’s benefit; a spectacle as artfully deceitful as Colin Powell’s UN performance on Iraq.If the success of this kind of “self-serving deception” is a mystery to David Salter, it would not be so to the Frankfurt School. For them, an understanding of the processes of mass-mediated politics sits somewhere near the core of their analysis of the culture industries in the “democratic” world. I think the Frankfurt school should be restored to a more important role in the project of cultural studies. Apart from an aversion to jazz and other supposedly “elitist” heresies, thinkers like Adorno, Benjamin, Horkheimer and their progeny Debord have a functional claim to provide the theory for us to expose the machinations of the politics of contempt and its aesthetic ruses.ReferencesAdorno, Theodor and Max Horkheimer. "The Culture Industry: Enlightenment as Mass Deception." Dialectic of Enlightenment. London: Verso, 1979. 120–167.Barthes Roland. “Myth Today.” Mythologies. Trans. Annette Lavers. St Albans: Paladin, 1972. 109–58.Baudrillard, Jean. Simulations. New York: Semiotext(e), 1983.Benjamin, Walter. “The Work of Art in the Age of Mechanical Reproduction.” Illuminations. Ed. Hannah Arendt. Trans. Harry Zorn. New York: Schocken Books, 1969. 217–251.Burke, Edmund. Reflections on the Revolution in France. Ed. Conor Cruise O’Brien. Harmondsworth: Penguin, 1969.Charteris-Black, Jonathan. Politicians and Rhetoric: The Persuasive Power of Metaphor. Houndmills: Palgrave Macmillan, 2006.Debord, Guy. The Society of the Spectacle. Trans. Donald Nicholson-Smith. New York: Zone Books, 1994.Eagleton, Terry. The Ideology of the Aesthetic. Oxford: Basil Blackwell, 1990.Frank, Thomas. What’s the Matter with Kansas?: How Conservatives Won the Heart of America. New York: Henry Holt and Company, 2004.Grossberg, Lawrence. “It’s a Sin: Politics, Post-Modernity and the Popular.” It’s a Sin: Essays on Postmodern Politics & Culture. Eds. Tony Fry, Ann Curthoys and Paul Patton. Sydney: Power Publications, 1988. 6–71.Hewett, Jennifer. “The Opportunist.” The Weekend Australian Magazine. 25–26 October 2008. 16–22.Hitler, Adolf. Mein Kampf. Trans. Ralph Manheim. London: Pimlico, 1993.Howard, John. “Sharing Our Common Values.” Washington: Irving Kristol Lecture, American Enterprise Institute. 5 March 2008. ‹http://www.theaustralian.news.com.au/story/0,25197,233328945-5014047,00html›.Lucy, Niall and Steve Mickler. The War on Democracy: Conservative Opinion in the Australian Press. Crawley: University of Western Australia Press, 2006.Pearson, Christopher. “Pray for Sense to Prevail.” The Weekend Australian. 25–26 October 2008. 30.Salter, David. The Media We Deserve: Underachievement in the Fourth Estate. Melbourne: Melbourne UP, 2007. Sereny, Gitta. Albert Speer: His Battle with Truth. London: Picador, 1996.Spotts, Frederic. Hitler and the Power of Aesthetics. London: Pimlico, 2003.Wark, McKenzie. The Virtual Republic: Australia’s Culture Wars of the 1990s. St Leonards: Allen & Unwin, 1997.Young, Sally. The Persuaders: Inside the Hidden Machine of Political Advertising. Melbourne: Pluto Press, 2004.

Abstract:

Introduction The counterculture that arose during the 1960s and 1970s left lasting social and political reverberations in developed nations. This was a time of increasing affluence and liberalisation which opened up remarkable political opportunities for social change. Within this context, an array of new social movements were a vital ingredient of the ferment that saw existing norms challenged and the establishment of new rights for many oppressed groups. An expanding arena of concerns included the environmental damage caused by 200 years of industrial capitalism. This article examines one aspect of a current environment movement in Australia, the anti-Coal Seam Gas (CSG) movement, and the part played by participants. In particular, the focus is upon one action that emerged during the recent Bentley Blockade, which was a regional mobilisation against proposed unconventional gas mining (UGM) near Lismore, NSW. Over the course of the blockade, the conventional ritual of waving at passers-by was transformed into a mechanism for garnering broad community support. Arguably, this was a crucial factor in the eventual outcome. In this case, we contend that the wave, rather than a countercultural artefact being appropriated by the mainstream, represents an everyday behaviour that builds social solidarity, which is subverted to become an effective part of the repertoire of the movement. At a more general level, this article examines how counterculture and mainstream interact via the subversion of “ordinary” citizens and the role of certain cultural understandings for that purpose. We will begin by examining the nature of the counterculture and its relationship to social movements before discussing the character of the anti-CSG movement in general and the Bentley Blockade in particular, using the personal experience of one of the writers. We will then be able to explore our thesis in detail and make some concluding remarks. The Counterculture and Social Movements In this article, we follow Cox’s understanding of the counterculture as a kind of meta-movement within which specific social movements are situated. For Cox (105), the counterculture that flourished during the 1960s and 1970s was an overarching movement in which existing social relations—in particular the family—were rejected by a younger generation, who succeeded in effectively fusing previously separate political and cultural spheres of dissent into one. Cox (103-04) points out that the precondition for such a phenomenon is “free space”—conditions under which counter-hegemonic activity can occur—for example, being liberated from the constraints of working to subsist, something which the unprecedented prosperity of the post WWII years allowed. Hence, in the 1960s and 1970s, as the counterculture emerged, a wave of activism arose in the western world which later came to be referred to as new social movements. These included the civil rights movement, women’s liberation, pacifism and the anti-nuclear and environment movements. The new movements rejected established power and organisational structures and tended, some scholars argued, to cross class lines, basing their claims on non-material issues. Della Porta and Diani claim this wave of movements is characterised by: a critical ideology in relation to modernism and progress; decentralized and participatory organizational structures; defense of interpersonal solidarity against the great bureaucracies; and the reclamation of autonomous spaces, rather than material advantages. (9) This depiction clearly announces the countercultural nature of the new social movements. As Carter (91) avers, these movements attempted to bypass the state and instead mobilise civil society, employing a range of innovative tactics and strategies—the repertoire of action—which may involve breaking laws. It should be noted that over time, some of these movements did shift towards accommodation of existing power structures and became more reformist in nature, to the point of forming political parties in the case of the Greens. However, inasmuch as the counterculture represented a merging of distinctively non-mainstream ways of life with the practice of actively challenging social arrangements at a political level (Cox 18–19; Grossberg 15–18;), the tactic of mobilising civil society to join social movements demonstrates in fact a reverse direction: large numbers of people are transfigured in radical ways by their involvement in social movements. One important principle underlying much of the repertoire of action of these new movements was non-violence. Again, this signals countercultural norms of the period. As Sharp (583–86) wrote at the time, non-violence is crucial in that it denies the aggressor their rationale for violent repression. This principle is founded on the liberal notion, whose legacy goes back to Locke, that the legitimacy of the government rests upon the consent of the governed—that is, the people can withdraw their consent (Locke in Ball & Dagger 92). Ghandi also relied upon this idea when formulating his non-violent approach to conflict, satyagraha (Sharp 83–84). Thus an idea that upholds the modern state is adopted by the counterculture in order to undermine it (the state), again demonstrating an instance of counterflow from the mainstream. Non-violence does not mean non-resistance. In fact, it usually involves non-compliance with a government or other authority and when practised in large numbers, can be very effective, as Ghandi and those in the civil rights movement showed. The result will be either that the government enters into negotiation with the protestors, or they can engage in violence to suppress them, which generally alienates the wider population, leading to a loss of support (Finley & Soifer 104–105). Tarrow (88) makes the important point that the less threatening an action, the harder it is to repress. As a result, democratic states have generally modified their response towards the “strategic weapon of nonviolent protest and even moved towards accommodation and recognition of this tactic as legitimate” (Tarrow 172). Nevertheless, the potential for state violence remains, and the freedom to protest is proscribed by various laws. One of the key figures to emerge from the new social movements that formed an integral part of the counterculture was Bill Moyer, who, in conjunction with colleagues produced a seminal text for theorising and organising social movements (Moyer et al.). Many contemporary social movements have been significantly influenced by Moyer’s Movement Action Plan (MAP), which describes not only key theoretical concepts but is also a practical guide to movement building and achieving aims. Moyer’s model was utilised in training the Northern Rivers community in the anti-CSG movement in conjunction with the non-violent direct action (NVDA) model developed by the North-East Forest Alliance (NEFA) that resisted logging in the forests of north-eastern NSW during the late 1980s and 1990s (Ricketts 138–40). Indeed, the Northern Rivers region of NSW—dubbed the Rainbow Region—is celebrated, as a “‘meeting place’ of countercultures and for the articulation of social and environmental ideals that challenge mainstream practice” (Ward and van Vuuren 63). As Bible (6–7) outlines, the Northern Rivers’ place in countercultural history is cemented by the holding of the Aquarius Festival in Nimbin in 1973 and the consequent decision of many attendees to stay on and settle in the region. They formed new kinds of communities based on an alternative ethics that eschewed a consumerist, individualist agenda in favour of modes of existence that emphasised living in harmony with the environment. The Terania Creek campaign of the late 1970s made the region famous for its environmental activism, when the new settlers resisted the logging of Nightcap National Park using nonviolent methods (Bible 5). It was also instrumental in developing an array of ingenious actions that were used in subsequent campaigns such as the Franklin Dam blockade in Tasmania in the early 1980s (Kelly 116). Indeed, many of these earlier activists were key figures in the anti-CSG movement that has developed in the Rainbow Region over the last few years. The Anti-CSG Movement Despite opposition to other forms of UGM, such as tight sands and shale oil extraction techniques, the term anti-CSG is used here, as it still seems to attract wide recognition. Unconventional gas extraction usually involves a process called fracking, which is the injection at high pressure of water, sand and a number of highly toxic chemicals underground to release the gas that is trapped in rock formations. Among the risks attributed to fracking are contamination of aquifers, air pollution from fugitive emissions and exposure to radioactive particles with resultant threats to human and animal health, as well as an increased risk of earthquakes (Ellsworth; Hand 13; Sovacool 254–260). Additionally, the vast amount of water that is extracted in the fracking process is saline and may contain residues of the fracking chemicals, heavy metals and radioactive matter. This produced water must either be stored or treated (Howarth 273–73; Sovacool 255). Further, there is potential for accidents and incidents and there are many reports—particularly in the United States where the practice is well established—of adverse events such as compressors exploding, leaks and spills, and water from taps catching fire (Sovacool 255–257). Despite an abundance of anecdotal evidence, until recently authorities and academics believed there was not enough “rigorous evidence” to make a definitive judgment of harm to animal and human health as a result of fracking (Mitka 2135). For example, in Australia, the Queensland Government was unable to find a clear link between fracking and health complaints in the Tara gasfield (Thompson 56), even though it is known that there are fugitive emissions from these gasfields (Tait et al. 3099-103). It is within this context that grassroots opposition to UGM began in Australia. The largest and most sustained challenge has come from the Northern Rivers of New South Wales, where a company called Metgasco has been attempting to engage in UGM for a number of years. Stiff community opposition has developed over this time, with activists training, co-ordinating and organising using the principles of Moyer’s MAP and NEFA’s NVDA. Numerous community and affinity groups opposing UGM sprang up including the Lock the Gate Alliance (LTG), a grassroots organisation opposing coal and gas mining, which formed in 2010 (Lock the Gate Alliance online). The movement put up sustained resistance to Metgasco’s attempts to establish wells at Glenugie, near Grafton and Doubtful Creek, near Kyogle in 2012 and 2013, despite the use of a substantial police presence at both locations. In the event, neither site was used for production despite exploratory wells being sunk (ABC News; Dobney). Metgasco announced it would be withdrawing its operations following new Federal and State government regulations at the time of the Doubtful Creek blockade. However it returned to the fray with a formal announcement in February 2014 (Metgasco), that it would drill at Bentley, 12 kilometres west of Lismore. It was widely believed this would occur with a view to production on an industrial scale should initial exploration prove fruitful. The Bentley Blockade It was known well before the formal announcement that Metgasco planned to drill at Bentley and community actions such as flash mobs, media releases and planning meetings were part of the build-up to direct action at the site. One of the authors of this article was actively involved in the movement and participated in a variety of these actions. By the end of January 2014 it was decided to hold an ongoing vigil at the site, which was still entirely undeveloped. Participants, including one author, volunteered for four-hour shifts which began at 5 a.m. each day and before long, were lasting into the night. The purpose of a vigil is to bear witness, maintain a presence and express a point of view. It thus accords well with the principle of non-violence. Eventually the site mushroomed into a tent village with three gates being blockaded. The main gate, Gate A, sprouted a variety of poles, tripods and other installations together with colourful tents and shelters, peopled by protesters on a 24-hour basis. The vigils persisted on all three gates for the duration of the blockade. As the number of blockaders swelled, popular support grew, lending weight to the notion that countercultural ideas and practices were spreading throughout the community. In response, Metgasco called on the State Government to provide police to coincide with the arrival of equipment. It was rumoured that 200 police would be drafted to defend the site in late April. When alerts were sent out to the community warning of imminent police action, an estimated crowd of 2000 people attended in the early hours of the morning and the police called off their operation (Feliu). As the weeks wore on, training was stepped up, attendees were educated in non-violent resistance and protestors willing to act as police liaison persons were placed on a rotating roster. In May, the State Government was preparing to send up to 800 police and the Riot Squad to break the blockade (NSW Hansard in Buckingham). Local farmers (now a part of the movement) and activist leaders had gone to Sydney in an effort to find a political solution in order to avoid what threatened to be a clash that would involve police violence. A confluence of events, such as: the sudden resignation of the Premier; revelations via the Independent Commission against Corruption about nefarious dealings and undue influence of the coal industry upon the government; a radio interview with locals by a popular broadcaster in Sydney; and the reputed hesitation of the police themselves in engaging with a group of possibly 7,000 to 10,000 protestors, resulted in the Office for Coal Seam Gas suspending Metgasco’s drilling licence on 15 May (NSW Department of Resources & Energy). The grounds were that the company had not adequately fulfilled its obligations to consult with the community. At the date of writing, the suspension still holds. The Wave The repertoire of contention at the Bentley Blockade was expansive, comprising most of the standard actions and strategies developed in earlier environmental struggles. These included direct blocking tactics in addition to the use of more carnivalesque actions like music and theatre, as well as the use of various media to reach a broader public. Non-violence was at the core of all actions, but we would tentatively suggest that Bentley may have provided a novel addition to the repertoire, stemming originally from the vigil, which brought the first protestors to the site. At the beginning of the vigil, which was initially held near the entrance to the proposed drilling site atop a cutting, occupants of passing vehicles below would demonstrate their support by sounding their horns and/or waving to the vigil-keepers, who at first were few in number. There was a precedent for this behaviour in the campaign leading up to the blockade. Activist groups such as the Knitting Nannas against Gas had encouraged vehicles to show support by sounding their horns. So when the motorists tooted spontaneously at Bentley, we waved back. Occupants of other vehicles would show disapproval by means of rude gestures and/or yelling and we would wave to them as well. After some weeks, as a presence began to be established at the site, it became routine for vigil keepers to smile and wave at all passing vehicles. This often elicited a positive response. After the first mass call-out discussed above, a number of us migrated to another gate, where numbers were much sparser and there was a perceived need for a greater presence. At this point, the participating writer had begun to act as a police liaison person, but the practice of waving routinely was continued. Those protecting this gate usually included protestors ready to block access, the police liaison person, a legal observer, vigil-keepers and a passing parade of visitors. Because this location was directly on the road, it was possible to see the drivers of vehicles and make eye contact more easily. Certain vehicles became familiar, passing at regular times, on the way to work or school, for example. As time passed, most of those protecting the gate also joined the waving ritual to the point where it became like a game to try to prise a signal of acknowledgement from the passing motorists, or even to win over a disapprover. Police vehicles, some of which passed at set intervals, were included in this game. Mostly they waved cheerfully. There were some we never managed to win over, but waving and making direct eye contact with regular motorists over time created a sense of community and an acknowledgement of the work we were doing, as they increasingly responded in kind. Motorists could hardly feel threatened when they encountered smiling, waving protestors. By including the disapprovers, we acted inclusively and our determined good humour seemed to de-escalate demonstrated hostility. Locals who did not want drilling to go ahead but who were nevertheless unwilling to join a direct action were thus able to participate in the resistance in a way that may have felt safe for them. Some of them even stopped and visited the site, voicing their support. Standing on the side of the road and waving to passers-by may seem peripheral to the “real” action, even trivial. But we would argue it is a valuable adjunct to a blockade (which is situated near a road) when one of the strategies of the overall campaign is to win popular backing. Hence waving, whilst not a completely new part of the repertoire, constitutes what Tilly (41–45) would call innovation at the margins, something he asserts is necessary to maintain the effectiveness and vitality of contentious action. In this case, it is arguable that the sheer size of community support probably helped to concentrate the minds of the state government politicians in Sydney, particularly as they contemplated initiating a massive, taxpayer-funded police action against the people for the benefit of a commercial operation. Waving is a symbolic gesture indicating acknowledgement and goodwill. It fits well within a repertoire based on the principle of non-violence. Moreover, it is a conventional social norm and everyday behaviour that is so innocuous that it is difficult to see how it could be suppressed by police or other authorities. Therein lies its subversiveness. For in communicating our common humanity in a spirit of friendliness, we drew attention to the fact that we were without rancour and tacitly invited others to join us and to explore our concerns. In this way, the counterculture drew upon a mainstream custom to develop and extend upon a new form of dissent. This constitutes a reversal of the more usual phenomenon of countercultural artefacts—such as “hippie clothing”—being appropriated or co-opted by the prevailing culture (see Reading). But it also fits with the more general phenomenon that we have argued was occurring; that of enticing ordinary residents into joining together in countercultural activity, via the pathway of a social movement. Conclusion The anti-CSG movement in the Northern Rivers was developed and organised by countercultural participants of previous contentious challenges. It was highly effective in building popular support whilst at the same time forging a loose coalition of various activist groups. We have surveyed one practice—the wave—that evolved out of mainstream culture over the course of the Bentley Blockade and suggested it may come to be seen as part of the repertoire of actions that can be beneficially employed under suitable conditions. 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