Academic literature on the topic 'Legal Aid Project (Uganda Law Society)'

A prominent hypothesis to explain the durability of authoritarian regimes focuses on the official adoption of law and legal institutions. The present study offers a novel empirical approach to test the relationship between legal construction and regime legitimation, drawing on a quasi-experiment and original panel survey in rural China. Using difference-in-difference, subgroup, and two-stage least squares analyses, it finds that the Chinese state’s project of legal construction powerfully shapes the legal consciousness of ordinary rural citizens and that state-constructed legal consciousness enhances regime legitimacy. The study also presents qualitative evidence to identify the causal mechanism linking state-constructed legal consciousness and regime legitimacy: the expansion of local institutions like state-run legal-aid centers in rural communities. The study contributes to the institutional focus in debates about authoritarian durability by providing evidence at the intersection of state and society.

China chamber of commerce rule by law modernization is a great and systematic project. To fully understand and grasp the overall strategic deployment of rule by law modernization, highlight the fundamental properties and the existence value of chamber of commerce, we should put it on the important position of social member management system, clear its independent and important position in the construction of rule by law society. Only each part of society coordinated including chamber of commerce, it could achieve a new level of highly civilized norms and coordinated rule by law modernization. Primary task in the field of chamber of commerce in rule by law modernization, should accurately clarify chamber of commerce organization self-discipline function, specific legal connotation, refined the form of self-discipline, clarify the objective standard of responsibility, improve the standard safeguard measures. Selfdiscipline management and constraint is the core value of chamber of commerce as social composition department, reflects the essential claims of modern sociology of law. Discipline more reflects the respect, trust and tolerance of society to main market players, looking forward to them really realize social self-management based on recognizing national law and trade practice. The self-discipline of Chamber of commerce, still need to establish the boundaries between the market and non-market organization, correctly handle the relationship between serving members and market main body. To keep the target of core value realized, and get the purpose of maintain the fundamental interests of main market players, improve the professional quality of businessman, we should strength its service function. The basic sign of rule by law modernization is that legal system of the chamber of commerce scientific planned and strictly carried out. So achieve modernization of rule by law must focus on perfecting corporate governance structure of chamber of commerce, and standardize the duty system. Perfecting the unified mutual aid system of organization, running in accordance with the law, under the powerful supervision and constraint system. Among them, the chamber of commerce legislation system is very important.

Introduction The construction of meaning is specifically denoted by texts that are created and published by the mass media. To highlight how that meaning is constructed, we might take a communication research approach which then enables us to understand how mass media texts impact society. To undertake such an approach it is useful to reflect on two methods outlined by Adoni and Mane who suggest there are two communication research methodologies. “The first focuses on the social construction of reality as an important aspect of the relationship between culture and society. The second approach concentrates on the social construction of reality as one type of media effect.” (Adoni and Mane 323). Relying on Adoni and Mane’s second communication research approach and combining this with the practice of remix, we can begin to understand how practitioners construct a reality from the mass audience perspective and not the mass media’s construction. This aligns with the approach taken by the ABC Pool remix practitioners in that they are informed by the mass media’s construction of meaning, yet oppose their understanding of the text as the basis for their altered construction of meaning. The oppositional reading of the media text also aligns with Hall’s encoding/decoding theory, specifically the oppositional reading where audiences resist the dominant or preferred reading of the text (Long & Wall). If we align Deuze’s (Media Work) thinking to mass media that suggests we live in media as opposed to with media, the effects of the construction of reality have a major impact on how we construct our own lives. Until recently, that media and consequent meaning has been constructed by the mass media and broadcast into our living rooms, headphones, billboards and other public spaces where media resides. The emergence of Web 2.0 technologies and the affordances these information and communication technologies provide for the audience to talk back in new and innovative ways has challenged that traditional model of meaning construction. Now, instead of the mass media designing and disseminating meaning through our media consumption channels, the audience also has an opportunity to participate in this consumption and production process (Bruns; Jenkins; Shirky). “Remix means to take cultural artifacts and combine and manipulate them into new kinds of creative blends,” according to (Knobel & Lankshear 22) where Lessig argues that digital remix is writing on a mass cultural practice scale (Remix). Remix within this paper is considered a practice that takes the affordances of the technology and couples that with the creative ability of the artists to create socially constructed meanings through new and inventive methods. In considering socially constructed meaning, it is useful to reflect on media dependency theory, which suggests the amount of subjective reality depends on direct experience with various phenomena and the exposure to the media in relation to those phenomena (Ball-Rokeach and DeFleur). “According to the media dependency hypothesis, the degree of media contribution to the individual's construction of subjective reality is a function of one's direct experience with various phenomena and consequent dependence on the media for information about these phenomena” (Adoni and Mane 324). Remix requires a parent piece of media (the original meaning) to create a remixed child (the re-constructed meaning). There is a clear dependency relationship between the parent and child pieces of media in this arrangement, which realistically shapes how the child will be created. If this material is published in a non-institutional environment, the artist is more or less free to demonstrate what ever meaning they wish to express. However when this practice emerges from within an institutional environment, this raises concerns of the media production, namely is the media institution challenging the original meaning they placed on certain texts and are they endorsing the new socially constructed meaning provided by remix artists? Constructing new forms of meaning and challenging the preferred meaning of institutionally generated texts intrinsically connects remix to the act of online activism. Activism can be defined as “people and organisations that work to promote social or political changes” for the benefit of society (Jones 1). Scholars have noted the significance of online technologies to aid in the mobilisation of mass groups of individuals in protest. In light of the recent Arab Spring uprisings, González-Bailón et al. note “the number of events connecting social media with social unrest has multiplied, not only in the context of authoritarian regimes exemplified by the recent wave of upsurges across the Arab world but also in western liberal democracies, particularly in the aftermath of the financial crisis and changes to welfare policies” (para 1). Although the majority of work that is remixed on ABC Pool is not related to an authoritarian regime, it is representative of the frustrations many citizens have towards the inequality of distribution of wealth and power to a few privileged individuals. Remix as an online activism activity also explicitly demonstrates Hall’s oppositional reading of encoded texts. This paper will use media dependency theory as a lens to investigate how remix occurs outside of the institution to challenge the meanings created by authorities within the institutional setting, while challenging the mass media approach towards social discourse construction. To do this, the paper will focus on the case study of one remix artist, Main$treaM, who was an active participant within the institutional online community, ABC Pool. ABC Pool was a user created content space that ceased to operate during May 2013 from within the Australian Broadcasting Corporation (ABC). The Pool project enabled users to publish their audio, video, photography and writing on a platform that was developed and resourced by the ABC. ABC Pool was open to everyone and was governed by the same editorial policies that regulated all media and activities across the ABC in relation to the ABC Charter (ABC Act 1983). ABC Pool also operated under a Creative Commons licensing regime which enabled media to flow across platforms, for example the Internet, radio and television, while providing attribution to the original author (generally under a Creative Commons Attribution Non-Commercial license). Main$treaM was one active user that engaged in remix to pursue his creative direction but to also challenge the meanings of texts that had been created by the mass media. Max Prophet$ equals Ca$h for Comments Main$treaM had been active in Pool for several months when he began publishing his remixed works. His approach towards media and its production is especially important as his technique involved challenging the societal discourse that is accepted from traditional forms of media production and reappropriating them to reflect how an audience would reconstruct them, from their Deuzian lived in experience. Main$treaM can also be classified as an oppositional reader of text in regards to how he decodes the meaning within the message (Hall). His online activist approach is obvious in his self-described profile. Main$treaM’s profile on ABC Pool says: Making animations, music & loads of max prophet$ However, his profile on Discogs (Discogs is one of the largest online music databases, where users can contribute music information and data while locating collectables within the global marketplace) reveals the artist’s creative and political perspectives: Main$treaM started off wanting to piss people off. He loathed the studio recording industry professionals & Sound Production Mass Media Culture in general. How could it be that a TV Camera can record what you say in the street, then edit it into something YOU DID NOT SAY but take a little news sample off the TV & bam: "WE WILL SUE YOU" These days it makes me sick that hard breaks & media cut ups are trendy. Not sick enough to actually stop. Main$treaM’s approach is one that challenges the stereotypical rhetoric tropes of the mass media and is concerned with choosing a remix style that aligns with the media dependency theory. That is, he draws on the one perspective which is garnered by the traditional media figureheads and applies his lived in experience with those same societal discourses to provide a significantly different meaning (Ball-Rokeach & DeFleur). The tool he uses to operationalise this is the art of remix by taking multiple cultural artefacts to create new creative blends (Knobel & Lankshear). John Laws is a radio celebrity who has dominated the Australian media landscape for decades with his at times controversial ‘shock jock’ talk back radio program. He is right wing in his political alignment and has at times been the centre of controversial programming efforts that has riled Australian audiences, which also involved input from Australian media authorities. His political alignment coupled with his disregard for audience sensitivities makes Laws an ideal character for an activist remix artist such as Main$treaM to target. Main$treaM had taken comments that Laws had made, placed them out of context and remixed them to deliberately misrepresent Laws’s opinion. One track in particular, Max Prophet$, is a reaction to the controversial Cash for Comments scandal (Johnson). In this case, John Laws was accused of receiving remuneration from Toyota to endorse their products on his radio program without acknowledging this activity as advertising. Main$treaM, through one of his ABC Pool contributions Max Prophet$, selected various comments that Laws had made during his radio broadcasts, and remixed them in a format that had John Laws say he was indeed receiving large amounts of money from Toyota. His remix, in the tradition of Pauline Pantsdown, took Laws’s comments and connected them to say “That really is a terrific vehicle that Hilux Workmate, great name too isn’t it”, highlighting a clear endorsement of the Toyota product by the radio presenter. However, Main$treaM did not stop at proving his point with this one remix contribution. He also provided in addition to the Max Prophet$ contribution, many other controversial social commentary works, including Cock Cheek parts One and Two, Prickseye Picture of You and I, and Ca$h for Comment$. Each contribution focussed on a particular character trait that Laws had become known for, such as inviting input from his listeners and then hanging up on them when they provided commentary that was contrary to his opinion. “Did I call you or did you call me” was Main$treaM’s method of whimsically suggesting that Laws is a rude, right wing conservative. The public opinion within Australia of John Laws is split between support from the conservatives and disdain from the liberals. Main$treaM was attempting to provide a voice from within the liberal perspective that illuminates the public opinion of Laws. The public opinion of Laws is one cultural discourse that is difficult to define, and almost impossible to publish to the broader public. Remix, as Lessig suggests, provides the most suitable genre of mass cultural practice to interrogate both perspectives of someone as controversial as Laws, where ABC Pool provides the most suitable platform to publish remixed societal perspectives on contemporary controversial issues. However, as outlined earlier, ABC Pool is contained within the same regulatory framework as any other publication space of the ABC. Essentially by publishing this controversial work on an ABC platform is blurring the boundaries between the ABC providing a place to publish the material and the ABC endorsing the material. ABC Pool operated under a reactive mode of moderation which suggests that content can be published without any form of moderation but if it were flagged as inappropriate by another user or audience member it had to be investigated by the ABC Pool team. Main$treaM’s contemporary material contained confronting concepts, language and techniques and was flagged as inappropriate by an anonymous Pool user during 2011. In this instance, it becomes clear that remix within an institutional setting is a complicated activity to facilitate. By providing a Creative Commons licensing regime, the ABC Pool project is endorsing remix as an institutional activity, and given the ethos of ABC Pool to experiment with new and innovative ways of engaging the audience, remix is crucial to its operation. However given the complaints of the other users that Main$treaM’s material was inappropriate, the problem arose of how to manage contentious remix activity. Aligning with Jenkins’s convergent cultures and Bruns’s produsage theories which incorporates the audience into the production process, the ABC Pool project was required to promote remix as a suitable activity for its users. Remix as an online activist activity in turn attracted the societal dissent approach from remix artists, providing a problem of adhering to the rules and regulations of the ABC more broadly. In the immediacy of the complaint, a large proportion of Main$treaM’s material was temporarily unpublished from ABC Pool until the team could provide a suitable solution on how to solve the tensions. The Legal Consultation Process In an instance such as this, an ABC employee is required to consult the editorial policy people to seek their advice on the most appropriate approach on the problematic material. The ABC Editorial Policies representatives referenced the material in the then Section 9 of the Editorial Policies, which relates to user-generated content. After the consultation process, they could see no breach of the guidelines; however, given the obscene constitution of the material, they suggested the Pool team refer the material to ABC Legal, a process in the ABC known as ‘referring up’. ABC Legal had a team of media lawyers interrogate the material from a criminal law perspective. It is worth noting, in both departments, Legal and Editorial Policies, there was support for Main$treaM’s creative expression (Fieldnotes, 2011). However, both parties were approaching the material and acting in a risk management capacity to protect the integrity of the ABC brand. After receiving the approval of the editorial policy people, the ABC Pool team had to seek the advice from ABC Legal. After two weeks of investigation, ABC Legal returned the following recommendations for the Pool team: Ultimately, risk management is the deciding factor to determine if the material should be published or not, supported by a solid defense should the case go to court.There are three areas to be considered with Main$treaM’s content:CopyrightDefamatoryObscenityIn regards to copyright, it is OK to publish in this case because the works are covered by parody or satire as the pieces have a focussed angle, or subject (John Laws).Defamation is more complicated. Firstly, we have to establish if the usual person could identify the defamed person. If yes, we need to establish what imputations there are, i.e. homophobic tendencies, pedophilia, etc. For each imputation, we need to establish if there is a defense. Typical defenses are honest opinion, expressed as one’s view, or truth. Honest Opinion needs to have a base to relate it to and not just a rant – i.e. John Laws was caught in the Cash for Comments scandal but there is no evidence to suggest he is a pedophile (unless the artists knows a truth – which becomes complicated again).Obscenity comes under classification, and since Pool does not have a rating system in place, we cannot offer this as a way to avoid publishing. A standard example of this relates to a younger audience member having the same access to an obscene piece of content (as guided by Pool’s Guidelines Section 4.1 a and b).These rules are premised by how do I read it/hear it. This is how a jury of citizens will approach the same piece of content. Risk management is also present when we ask how will John Laws hear about it, and what will the community think about it.(Fieldnotes, 2011) The suggestions the legal team returned are significant in highlighting the position of a media institution that facilitates remix. What is relevant here is a public service media organisation is a specific type of media organisation that is responsible for facilitating increased citizenry through its activities (Cunningham). Martin builds on the work of Jacka and Hartley to highlight how the ABC should be encouraging ‘DIY citizenry’. She says the combination of the core Reithian values of educate, inform and entertain can be combined with new media technologies that enable a “semiotic self determination model” to construct a “national semiosis model” (Hartley 161). However, there is a clear misalignment between the values of the PSM and the remix artist. What was required was the presence of a cultural intermediary to assist in calibrating those values and engaging in a negotiation phase between the two stakeholders. A cultural intermediary is a human or non-human actor that is located between the production and consumption of cultural artifacts and aids in facilitating the negotiation space between different expertise disciplines. In this case, it was the role of the community manager to attempt to connect the two approaches and enable remix practice to continue under the auspices of the ABC. The ABC had shifted its approach towards some of the Main$treaM material, but given its regulatory framework was unable to facilitate all of his contributions. Unfortunately in this case, Main$treaM did not align with the requirements of the ABC, left the Pool community and did not continue his practice of remix within the ABC any further. Conclusion Remixed texts that are published on PSM platforms demonstrate high levels of dependency on existing mass media texts, aligning them with the approach of the media dependency theory (Ball-Rokeach & DeFleur). Remixed texts are also cultural products of artists that live in media and not with media, as noted by Deuze (Media Industries, Work and Life) and are the result of mass cultural practice that manipulates the meaning of multiple cultural artefacts (Lessig). Remix as a form of online activism is also representative of Hall’s oppositional reading of texts which enable the practitioner to deepen their involvement within the social construction of reality (Adoni & Mane). Convergence cultures represent the audience’s ever-increasing desire to participate in the production of media and not merely consume it (Jenkins). The theoretical alignment of remix with these theories suggests remixed texts have a deeper and richer cultural representation than that of its institutionally produced parent text. However, collaboratively produced cultural artefacts via remix are problematised by the digital divide debate, specifically through the access of tools and knowledge for this practice. Lin terms this problem as ‘techno-elite’ where only certain individuals have access and knowledge and tools to engage in these types of cultural activities facilitated by PSM. Further, Carpentier challenges this type of participation by asking if we have access and can interact, are we really participating in a democratising activity, given the promises of online activism? Given that PSM is pursuing the concept of the audience as user, which positions the audience as a producer of content across online environments, facilitating the practice of remix should align with its core values to inform, educate and entertain (Martin). However as we have seen with the Main$treaM case, this is problematic when attempting to align the focus of a remix artist with that of PSM. In these instances the work of the cultural intermediary as the disciplinary expertise negotiator becomes critical to increase the societal representation within the production and consumption of cultural artefacts produced through the activity of remix. A public service broadcaster that is supportive of both institutionally produced texts, along with socially informed text production through remix, will be a rigorous media organisation that supports a better informed citizenry, or as Hartley suggests a self determined national semiosis model. References Adoni, Hanna, and Sherrill Mane. "Media and the Social Construction of Reality: Toward and Integration of Theory and Research." Communication Research 11.3 (1984): 323-40. Ball-Rokeach, Sandra, and DeFluer, Melvin. "A Dependency Model of Mass Media Effects." Communication Research 3 (1976): 3-21. Bruns, Axel. Blogs, Wikipedia, Second Life and Beyond: From Production to Produsage. New York: Peter Lang, 2008. Carpentier, Nico. "The Concept of Participation. If They Have Access and Interact, Do They Really Participate?" Communication Management Quarterly 21 (2011): 13-36. Cunningham, Stuart. Hidden Innovation: Policy, Industry and the Creative Sector. Creative Economy and Innovation Culture. Brisbane: University of Queensland Press, 2013. Deuze, Mark. Media Work. London: Polity Press, 2007. Deuze, Mark. "Media Industries, Work and Life." European Journal of Communication 24 (2009): 467. Enli, Gunn Sara. "Redefining Public Service Broadcasting." Convergence: The International Journal of Research into New Media Technologies 14.1 (2008): 105 - 20. González-Bailón, Sandra, et al. "The Dynamics of Protest Recruitment through an Online Network." Scientific Reports 1.197 (2011). Hall, Stuart. Encoding and Decoding in the Television Discourse. Council of Europe Colloquy on "Training In The Critical Reading of Television Language". 1973. Hartley, John. "Communicative Democracy in a Redactional Society: The Future of Journalism Studies." Journalism: Theory, Practice and Criticism 1.1 (2001): 39-48. Jacka, Liz. "'Good Democracy': The Role of Public Service Broadcasting." The Centre for Culture and History (2001). 2 Feb. 2013 < http://www.cmchnyu.org/pdfs/jacka.pdf >. Jenkins, Henry. Convergence Culture - Where Old and New Media Collide. New York: New York University Press, 2006. Johnson, Rob. Cash for Comment: The Seduction of Journo Culture. Media.Culture Series. Sydney: Pluto Press, 2000. Jones, Christopher. "Activism or Slacktivism? The Role of Social Media in Effecting Social Change." Research Paper. School of Engineering and Applied Science: University of Virginia, 2013. Knobel, Michele, and Colin Lankshear. "Remix: The Art and Craft of Endless Hybridization." Journal of Adolescent & Adult Literacy 52.1 (2008): 22-33. Lessig, Lawrence. Remix: Making Art and Commerce Thrive in the Hybrid Economy. New York: Penguin, 2008. Lin, Yu-Wei. "The Emergence of the Techno-Elite Audience and Free/Open Source Content: A Case Study on Bbc Backstage." Participations: Journal of Audience & Reception Studies 9.2 (2012): 597-613. Long, Paul, and Tim Wall. "Investigating Audiences: What Do People Do with Media?" Media Studies: Texts, Production and Context. Eds. P. Long et al. Harlow, England: Pearson Education Limited, 2009. 240-72. Martin, Fiona. "Beyond Public Service Broadcasting? ABC Online and the User/Citizen." Southern Review: Communication, Politics and Culture 35.1 (2002): 42-62. Rosen, Jay. "The People Formerly Known as the Audience." Pressthink: Ghost of Democracy in the Media Machine (2006). 2 Feb. 2013 < http://www.guardian.co.uk/media/2006/apr/25/bbc.broadcasting >. Shirky, Clay. Here Comes Everybody: The Power of Organising without Organisations. New York: Allen Lane, 2008.

There is an expression, in recent Marvel superhero films, of a social anxiety about genetic science that, in part, replaces the social anxieties about nuclear weapons that can be detected in the comic books on which these films are based (Rutherford). Much of the analysis of superhero comics – and the films on which they are based – has focussed its attention on the anxieties contained within them about gender, sexuality, race, politics, and the nation. Surprisingly little direct critique is applied to the most obvious point of difference within those texts, namely the acquisition, display, and use of extra-ordinary abilities. These superhero films represent some of the ways that audiences come to understand genetics. I am interested in this essay in considering how the representation of genetic mutation, as an error in a bio-chemical code, is a key narrative device. Moreover, mutation is central to the way the films explore the social exclusion of characters who acquire super-abilities. My contention is that, in these Marvel comic films, extra-ordinary ability, and the anxieties expressed about those abilities, parallels some of the social and cultural beliefs about the disabled body. The impaired body thus becomes a larger trope for any deviation from the “normal” body and gives rise to the anxieties about deviation and deviance explored in these films. Impairment and illness have historically been represented as either a blessing or a curse – the source of revelation and discovery, or the site of ignominy. As Western culture developed, the confluence of Greek and Judeo-Christian stories about original sin and inherited punishment for parental digression resulted in the entrenchment of beliefs about bent and broken bodies as the locus of moral questions (and answers) about the abilities and use of the human body (Sontag 47). I want to explore, firstly, in the film adaptations of the Marvel comics X-Men, Spiderman, Fantastic Four, and The Hulk, the representation of changes to the body as the effect of invisible bio-chemical states and processes. It has been impossible to see DNA, whether with the human eye or with technical aid; the science of genetics is largely based on inference from other observations. In these superhero films, the graphic display of DNA and genetic restructuring is strikingly large. This overemphasis suggests both that the genetic is a key narrative impetus of the films and that there is something uncertain or disturbing about genetic science. One such concern about genetic science is identifying the sources of oppression that might underlie the, at times understandable, desire to eliminate disease and congenital defect through changes to the genetic code or elimination of genetic error. As Adrienne Asch states, this urge to eliminate disease and impairment is problematic: Why should it be acceptable to avoid some characteristics and not others? How can the society make lists of acceptable and unacceptable tests and still maintain that only disabling traits, and not people who live with those traits, are to be avoided? (339) Asch’s questioning ends with the return to the moral concerns that have always circulated around the body, and in particular a body that deviates from a norm. The maxim “hate the sin, not the sinner” is replaced by “eradicate the impairment, not the impaired”: it is some kind of lack of effort or resourcefulness on the part of the impaired that is detectable in the presence of the impairment. This replacement of sin by science is yet another example of the trace of the body as the site of moral arguments. As Bryan Turner argues, categories of disease, and by association impairment, are intrinsic to the political discourse of Western societies about otherness and exclusion (Turner 216). It is not surprising then, that characters that experience physical changes caused by genetic mutation may take on for themselves the social shame that is part of the exclusion process. As genetic science has increasingly infiltrated the popular imagination and thus finds expression in cinema, so too has this concern of shame and guilt become key to the narrative tension of films that link changes in the genetic code to the acquisition of super-ability. In the X-Men franchise, the young female character Rogue (Anna Paquin), acquires the ability to absorb another’s life force (and abilities), and she seeks to have her genetic code resequenced in order to be able to touch others, and thus by implication have a “normal” life. In X2 (Bryan Singer, 2003), Rogue’s boyfriend, Iceman (Shawn Ashmore), who has been largely excluded from her touch, returns home with other mutants. After having hidden his mutant abilities from his family, he finally confesses to them the truth about himself. His shocked mother turns to him and asks: “Have you tried not being a mutant?” Whilst this moment has been read as an expression of anxiety about homosexuality (“Pop Culture: Out Is In”; Vary), it also marks a wider social concern about otherness, including disability, and its attendant social exclusion. Moreover, this moment reasserts the paradigm of effort that underlies anxieties about deviations from the norm: Iceman could have been normal if only he had tried harder, had a different girlfriend, remained at home, sought more knowledge, or had better counsel. Science, and more specifically genetic science, is suggested in many of these films as the site of bad counsel. The narratives of these superhero stories, almost without exception, begin or hinge on some kind of mistake by scientists – the escaped spider, the accident in the laboratory, the experiment that gets out of control. The classic image of the mad scientist or Doctor Frankenstein type, locked away in his laboratory is reflected in the various scenes in all these films, in which the scientists are separated from wider society. In Fantastic 4 (Tim Story, 2005), the villain, Dr Von Doom (Julian McMahon), is located at the top of a large multi-story building, as too are the heroes. Their separation from the rest of society is made even more dramatic by placing the site of their exposure to cosmic radiation, the source of the genetic mutation, in a space station that is empty of anyone else except the five main characters whose bodies will be altered. In Spiderman (Sam Raimi, 2002), the villain is a scientist whose experiments are kept secret by the military, emphasising the danger inherent in his work. The mad-scientist imagery dominates the representation of Bruce Bannor’s father in Hulk (Ang Lee, 2003), whose experiments have altered his genetic code, and that alteration in genetic structure has subsequently been passed onto his son. The Fantastic 4 storyline returns several times to the link between genetic mutation and the exposure to cosmic radiation. Indeed, it is made explicit that human existence – and by implication the human body and abilities – is predicated on this cosmic radiation as the source of transformations that formed the human genetic code. The science of early biology thus posits this cosmic radiation as the source of what is “normal,” and it is this appeal to the cosmos – derived from the Greek kosmos meaning “order” – that provides, in part, the basis on which to value the current human genetic code. This link to the cosmic is also made in the opening sequence of X-Men in which the following voice-over is heard as we see a ball of light form. This light show is both a reminder of the Big Bang (the supposed beginning of the universe which unleased vast amounts of radiation) and the intertwining of chromosomes seen inside biological nuclei: Mutation, it is the key to our evolution. It has enabled us to evolve from a single celled organism to the dominant species on the planet. This process is slow, normally taking thousands and thousands of years. But every few hundred millennia evolution leaps forward. Whilst mutation may be key to human evolution and the basis for the dramatic narratives of these superhero films, it is also the source of social anxiety. Mutation, whilst derived from the Latin for “change,” has come to take on the connotation of an error or mistake. Richard Dawkins, in his celebrated book The Selfish Gene, compares mutation to “an error corresponding to a single misprinted letter in a book” (31). The language of science is intended to be without the moral overtones that such words as “error” and “misprint” attract. Nevertheless, in the films under consideration, the negative connotations of mutation as error or mistake, are, therefore, the source of the many narrative crises as characters seek to rid themselves of their abilities. Norman Osborn (Willem Dafoe), the villain of Spiderman, is spurred on by his belief that human beings have not achieved their potential, and the implication here is that the presence of physical weakness, illness, and impairment is the supporting evidence. The desire to return the bodies of these superheroes to a “normal” state is best expressed in_ Hulk_, when Banner’s father says: “So you wanna know what’s wrong with him. So you can fix him, cure him, change him.” The link between a mistake in the genetic code and the disablement of the these characters is made explicit when Banner demands from his father an explanation for his transformation into the Hulk – the genetic change is explicitly named a deformity. These films all gesture towards the key question of just what is the normal human genetic code, particularly given the way mutation, as error, is a fundamental tenet in the formation of that code. The films’ focus on extra-ordinary ability can be taken as a sign of the extent of the anxiety about what we might consider normal. Normal is represented, in part, by the supporting characters, named and unnamed, and the narrative turns towards rehabilitating the altered bodies of the main characters. The narratives of social exclusion caused by such radical deviations from the normal human body suggest the lack of a script or language for being able to talk about deviation, except in terms of disability. In Spiderman, Peter Parker (Tobey Maguire) is doubly excluded in the narrative. Beginning as a classic weedy, glasses-wearing, nerdy individual, unable to “get the girl,” he is exposed to numerous acts of humiliation at the commencement of the film. On being bitten by a genetically altered spider, he acquires its speed and agility, and in a moment of “revenge” he confronts one of his tormentors. His super-ability marks him as a social outcast; his tormentors mock him saying “You are a freak” – the emphasis in speech implying that Parker has never left a freakish mode. The film emphasises the physical transformation that occurs after Parker is bitten, by showing his emaciated (and ill) body then cutting to a graphic depiction of genes being spliced into Parker’s DNA. Finally revealing his newly formed, muscular body, the framing provides the visual cues as to the verbal alignment of these bodies – the extraordinary and the impaired bodies are both sources of social disablement. The extreme transformation that occurs to Ben Grimm (Michael Chiklis), in Fantastic 4, can be read as a disability, buying into the long history of the disabled body as freak, and is reinforced by his being named “The Thing.” Socially, facial disfigurement may be regarded as one of the most isolating impairments; for example, films such as The Man without a Face (Mel Gibson, 1993) explicitly explore this theme. As the only character with a pre-existing relationship, Grimm’s social exclusion is reinforced by the rejection of his girlfriend when she sees his face. The isolation in naming Ben Grimm as “The Thing” is also expressed in the naming of Bruce Banner’s (Eric Bana) alter ego “Hulk.” They are grossly enlarged bodies that are seen as grotesque mutations of the “normal” human body – not human, but “thing-like.” The theme of social exclusion is played alongside the idea that those with extra-ordinary ability are also emblematic of the evolutionary dominance of a superior species of which science is an example of human dominance. The Human Genome Project, begun in 1990, and completed in 2003, was in many ways the culmination of a century and a half of work in biochemistry, announcing that science had now completely mapped the human genome: that is, provided the complete sequence of genes on each of the 46 chromosomes in human cells. The announcement of the completed sequencing of the human genome led to, what may be more broadly called, “genomania” in the international press (Lombardo 193). But arguably also, the continued announcements throughout the life of the Project maintained interest in, and raised significant social, legal, and ethical questions about genetics and its use and abuse. I suggest that in these superhero films, whose narratives centre on genetic mutation, that the social exclusion of the characters is based in part on fears about genetics as the source of disability. In these films deviation becomes deviance. It is not my intention to reduce the important political aims of the disability movement by equating the acquisition of super-ability and physical impairment. Rather, I suggest that in the expression of the extraordinary in terms of the genetic within the films, we can detect wider social anxieties about genetic science, particularly as the representations of that science focus the audience’s attention on mutation of the genome. An earlier film, not concerned with superheroes but with the perfectibility of the human body, might prove useful here. Gattaca (Andrew Nicol, 1997), which explores the slippery moral slope of basing the value of the human body in genetic terms (the letters of the title recall the chemicals that structure DNA, abbreviated to G, A, T, C), is a powerful tale of the social consequences of the primacy of genetic perfectibility and reflects the social and ethical issues raised by the Human Genome Project. In a coda to the film, that was not included in the theatrical release, we read: We have now evolved to the point where we can direct our own evolution. Had we acquired this knowledge sooner, the following people may never have been born. The screen then reveals a list of significant people who were either born with or acquired physical or psychological impairments: for example, Abraham Lincoln/Marfan Syndrome, Jackie Joyner-Kersee/Asthma, Emily Dickinson/Manic Depression. The audience is then given the stark reminder of the message of the film: “Of course the other birth that may never have taken place is your own.” The social order of Gattaca is based on “genoism” – discrimination based on one’s genetic profile – which forces characters to either alter or hide their genetic code in order to gain social and economic benefit. The film is an example of what the editors of the special issue of the Florida State University Law Journal on genetics and disability note: how we look at genetic conditions and their relationship to health and disability, or to notions of “normalcy” and “deviance,” is not strictly or even primarily a legal matter. Instead, the issues raised in this context involve ethical considerations and require an understanding of the social contexts in which those issues appear. (Crossley and Shepherd xi) Implicit in these commentators’ concern is the way an ideal body is assumed as the basis from which a deviation in form or ability is measured. These superhero films demonstrate that, in order to talk about super-ability as a deviation from a normal body, they rely on disability scripts as the language of deviation. Scholars in disability studies have identified a variety of ways of talking about disability. The medical model associates impairment or illness with a medical tragedy, something that must be cured. In medical terms an error is any deviation from the norm that needs to be rectified by medical intervention. By contrast, in the social constructivist model, the source of disablement is environmental, political, cultural, or economic factors. Proponents of the social model do not regard impairment as equal to inability (Karpf 80) and argue that the discourses of disability are “inevitably informed by normative beliefs about what it is proper for people’s bodies and minds to be like” (Cumberbatch and Negrine 5). Deviations from the normal body are classification errors, mistakes in social categorisation. In these films aspects of both the medical tragedy and social construction of disability can be detected. These films come at a time when disability remains a site of social and political debate. The return to these superheroes, and their experiences of exclusion, in recent films is an indicator of social anxiety about the functionality of the human body. And as the science of genetics gains increasing public representation, the idea of ability – and disability – that is, what is regarded as “proper” for bodies and minds, is increasingly related to how we regard the genetic code. As the twenty first century began, new insights into the genetic origins of disease and congenital impairments offered the possibility that the previous uncertainty about the provenance of these illnesses and impairments may be eliminated. But new uncertainties have arisen around the value of human bodies in terms of ability and function. This essay has explored the way representations of extra-ordinary ability, as a mutation of the genetic code, trace some of the experiences of disablement. A study of these superhero films suggests that the popular dissemination of genetics has not resulted in an understanding of ability and form as purely bio-chemical, but that thinking about the body as a bio-chemical code occurs within already present moral discourses of the body’s value. References Asch, Adrienne. “Disability Equality and Prenatal Testing: Contradictory or Compatible?” Florida State University Law Review 30.2 (2003): 315-42. Crossley, Mary, and Lois Shepherd. “Genes and Disability: Questions at the Crossroads.” Florida State University Law Review 30.2 (2003): xi-xxiii. Cumberbatch, Guy, and Ralph Negrine. Images of Disability on Television. London: Routledge, 1992. Dawkins, Richard. The Selfish Gene. 30th Anniversary ed. Oxford: Oxford UP, 2006. Karpf, A. “Crippling Images.” Framed: Interrogating Disability in the Media. Eds. A. Pointon and C. Davies. London: British Film Institute, 1997. 79-83. Lombardo, Paul A. “Taking Eugenics Seriously: Three Generations Of ??? Are Enough.” Florida State University Law Review 30.2 (2003): 191-218. “Pop Culture: Out Is In.” Contemporary Sexuality 37.7 (2003): 9. Rutherford, Adam. “Return of the Mutants.” Nature 423.6936 (2003): 119. Sontag, Susan. Illness as Metaphor. London: Penguin, 1988. Turner, Bryan S. Regulating Bodies. London: Routledge, 1992. Vary, Adam B. “Mutant Is the New Gay.” Advocate 23 May 2006: 44-45. Citation reference for this article MLA Style Mantle, Martin. "“Have You Tried Not Being a Mutant?”: Genetic Mutation and the Acquisition of Extra-ordinary Ability." M/C Journal 10.5 (2007). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0710/10-mantle.php>. APA Style Mantle, M. (Oct. 2007) "“Have You Tried Not Being a Mutant?”: Genetic Mutation and the Acquisition of Extra-ordinary Ability," M/C Journal, 10(5). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0710/10-mantle.php>.

Our thesis is that the city’s ambience is now an unstable dialectic in which we are watchers and watched, mirrored and refracted in a landscape of iPhone auteurs, eTags, CCTV and sousveillance. Embrace ambience! Invoking Benjamin’s spirit, this article does not seek to limit understanding through restriction to a particular theme or theoretical construct (Buck-Morss 253). Instead, it offers snapshots of interactions at the dawn of the postmodern city. That bricolage also engages how people appropriate, manipulate, disrupt and divert urban spaces and strategies of power in their everyday life. Ambient information can both liberate and disenfranchise the individual. This article asks whether our era’s dialectics result in a new personhood or merely restate the traditional spectacle of ‘bright lights, big city’. Does the virtualized city result in ambient anomie and satiation or in surprise, autonomy and serendipity? (Gumpert 36) Since the steam age, ambience has been characterised in terms of urban sound, particularly the alienation attributable to the individual’s experience as a passive receptor of a cacophony of sounds – now soft, now loud, random and recurrent–from the hubbub of crowds, the crash and grind of traffic, the noise of industrial processes and domestic activity, factory whistles, fire alarms, radio, television and gramophones (Merchant 111; Thompson 6). In the age of the internet, personal devices such as digital cameras and iPhones, and urban informatics such as CCTV networks and e-Tags, ambience is interactivity, monitoring and signalling across multiple media, rather than just sound. It is an interactivity in which watchers observe the watched observing them and the watched reshape the fabric of virtualized cities merely by traversing urban precincts (Hillier 295; De Certeau 163). It is also about pervasive although unevenly distributed monitoring of individuals, using sensors that are remote to the individual (for example cameras or tag-readers mounted above highways) or are borne by the individual (for example mobile phones or badges that systematically report the location to a parent, employer or sex offender register) (Holmes 176; Savitch 130). That monitoring reflects what Doel and Clark characterized as a pervasive sense of ambient fear in the postmodern city, albeit fear that like much contemporary anxiety is misplaced–you are more at risk from intimates than from strangers, from car accidents than terrorists or stalkers–and that is ahistorical (Doel 13; Scheingold 33). Finally, it is about cooption, with individuals signalling their identity through ambient advertising: wearing tshirts, sweatshirts, caps and other apparel that display iconic faces such as Obama and Monroe or that embody corporate imagery such as the Nike ‘Swoosh’, Coca-Cola ‘Ribbon’, Linux Penguin and Hello Kitty feline (Sayre 82; Maynard 97). In the postmodern global village much advertising is ambient, rather than merely delivered to a device or fixed on a billboard. Australian cities are now seas of information, phantasmagoric environments in which the ambient noise encountered by residents and visitors comprises corporate signage, intelligent traffic signs, displays at public transport nodes, shop-window video screens displaying us watching them, and a plethora of personal devices showing everything from the weather to snaps of people in the street or neighborhood satellite maps. They are environments through which people traverse both as persons and abstractions, virtual presences on volatile digital maps and in online social networks. Spectacle, Anomie or Personhood The spectacular city of modernity is a meme of communication, cultural and urban development theory. It is spectacular in the sense that of large, artificial, even sublime. It is also spectacular because it is built around the gaze, whether the vistas of Hausmann’s boulevards, the towers of Manhattan and Chicago, the shopfront ‘sea of light’ and advertising pillars noted by visitors to Weimar Berlin or the neon ‘neo-baroque’ of Las Vegas (Schivelbusch 114; Fritzsche 164; Ndalianis 535). In the year 2010 it aspires to 2020 vision, a panoptic and panspectric gaze on the part of governors and governed alike (Kullenberg 38). In contrast to the timelessness of Heidegger’s hut and the ‘fixity’ of rural backwaters, spectacular cities are volatile domains where all that is solid continues to melt into air with the aid of jackhammers and the latest ‘new media’ potentially result in a hypereality that make it difficult to determine what is real and what is not (Wark 22; Berman 19). The spectacular city embodies a dialectic. It is anomic because it induces an alienation in the spectator, a fatigue attributable to media satiation and to a sense of being a mere cog in a wheel, a disempowered and readily-replaceable entity that is denied personhood–recognition as an autonomous individual–through subjection to a Fordist and post-Fordist industrial discipline or the more insidious imprisonment of being ‘a housewife’, one ant in a very large ant hill (Dyer-Witheford 58). People, however, are not automatons: they experience media, modernity and urbanism in different ways. The same attributes that erode the selfhood of some people enhance the autonomy and personhood of others. The spectacular city, now a matrix of digits, information flows and opportunities, is a realm in which people can subvert expectations and find scope for self-fulfillment, whether by wearing a hoodie that defeats CCTV or by using digital technologies to find and associate with other members of stigmatized affinity groups. One person’s anomie is another’s opportunity. Ambience and Virtualisation Eighty years after Fritz Lang’s Metropolis forecast a cyber-sociality, digital technologies are resulting in a ‘virtualisation’ of social interactions and cities. In post-modern cityscapes, the space of flows comprises an increasing number of electronic exchanges through physically disjointed places (Castells 2002). Virtualisation involves supplementation or replacement of face-to-face contact with hypersocial communication via new media, including SMS, email, blogging and Facebook. In 2010 your friends (or your boss or a bully) may always be just a few keystrokes away, irrespective of whether it is raining outside, there is a public transport strike or the car is in for repairs (Hassan 69; Baron 215). Virtualisation also involves an abstraction of bodies and physical movements, with the information that represents individual identities or vehicles traversing the virtual spaces comprised of CCTV networks (where viewers never encounter the person or crowd face to face), rail ticketing systems and road management systems (x e-Tag passed by this tag reader, y camera logged a specific vehicle onto a database using automated number-plate recognition software) (Wood 93; Lyon 253). Surveillant Cities Pervasive anxiety is a permanent and recurrent feature of urban experience. Often navigated by an urgency to control perceived disorder, both physically and through cultivated dominant theory (early twentieth century gendered discourses to push women back into the private sphere; ethno-racial closure and control in the Black Metropolis of 1940s Chicago), history is punctuated by attempts to dissolve public debate and infringe minority freedoms (Wilson 1991). In the Post-modern city unprecedented technological capacity generates a totalizing media vector whose plausible by-product is the perception of an ambient menace (Wark 3). Concurrent faith in technology as a cost-effective mechanism for public management (policing, traffic, planning, revenue generation) has resulted in emergence of the surveillant city. It is both a social and architectural fabric whose infrastructure is dotted with sensors and whose people assume that they will be monitored by private/public sector entities and directed by interactive traffic management systems – from electronic speed signs and congestion indicators through to rail schedule displays –leveraging data collected through those sensors. The fabric embodies tensions between governance (at its crudest, enforcement of law by police and their surrogates in private security services) and the soft cage of digital governmentality, with people being disciplined through knowledge that they are being watched and that the observation may be shared with others in an official or non-official shaming (Parenti 51; Staples 41). Encounters with a railway station CCTV might thus result in exhibition of the individual in court or on broadcast television, whether in nightly news or in a ‘reality tv’ crime expose built around ‘most wanted’ footage (Jermyn 109). Misbehaviour by a partner might merely result in scrutiny of mobile phone bills or web browser histories (which illicit content has the partner consumed, which parts of cyberspace has been visited), followed by a visit to the family court. It might instead result in digital viligilantism, with private offences being named and shamed on electronic walls across the global village, such as Facebook. iPhone Auteurism Activists have responded to pervasive surveillance by turning the cameras on ‘the watchers’ in an exercise of ‘sousveillance’ (Bennett 13; Huey 158). That mirroring might involve the meticulous documentation, often using the same geospatial tools deployed by public/private security agents, of the location of closed circuit television cameras and other surveillance devices. One outcome is the production of maps identifying who is watching and where that watching is taking place. As a corollary, people with anxieties about being surveilled, with a taste for street theatre or a receptiveness to a new form of urban adventure have used those maps to traverse cities via routes along which they cannot be identified by cameras, tags and other tools of the panoptic sort, or to simply adopt masks at particular locations. In 2020 can anyone aspire to be a protagonist in V for Vendetta? (iSee) Mirroring might take more visceral forms, with protestors for example increasingly making a practice of capturing images of police and private security services dealing with marches, riots and pickets. The advent of 3G mobile phones with a still/video image capability and ongoing ‘dematerialisation’ of traditional video cameras (ie progressively cheaper, lighter, more robust, less visible) means that those engaged in political action can document interaction with authority. So can passers-by. That ambient imaging, turning the public gaze on power and thereby potentially redefining the ‘public’ (given that in Australia the community has been embodied by the state and discourse has been mediated by state-sanctioned media), poses challenges for media scholars and exponents of an invigorated civil society in which we are looking together – and looking at each other – rather than bowling alone. One challenge for consumers in construing ambient media is trust. Can we believe what we see, particularly when few audiences have forensic skills and intermediaries such as commercial broadcasters may privilege immediacy (the ‘breaking news’ snippet from participants) over context and verification. Social critics such as Baudelaire and Benjamin exalt the flaneur, the free spirit who gazed on the street, a street that was as much a spectacle as the theatre and as vibrant as the circus. In 2010 the same technologies that empower citizen journalism and foster a succession of velvet revolutions feed flaneurs whose streetwalking doesn’t extend beyond a keyboard and a modem. The US and UK have thus seen emergence of gawker services, with new media entrepreneurs attempting to build sustainable businesses by encouraging fans to report the location of celebrities (and ideally provide images of those encounters) for the delectation of people who are web surfing or receiving a tweet (Burns 24). In the age of ambient cameras, where the media are everywhere and nowhere (and micro-stock photoservices challenge agencies such as Magnum), everyone can join the paparazzi. Anyone can deploy that ambient surveillance to become a stalker. The enthusiasm with which fans publish sightings of celebrities will presumably facilitate attacks on bodies rather than images. Information may want to be free but so, inconveniently, do iconoclasts and practitioners of participatory panopticism (Dodge 431; Dennis 348). Rhetoric about ‘citizen journalism’ has been co-opted by ‘old media’, with national broadcasters and commercial enterprises soliciting still images and video from non-professionals, whether for free or on a commercial basis. It is a world where ‘journalists’ are everywhere and where responsibility resides uncertainly at the editorial desk, able to reject or accept offerings from people with cameras but without the industrial discipline formerly exercised through professional training and adherence to formal codes of practice. It is thus unsurprising that South Australia’s Government, echoed by some peers, has mooted anti-gawker legislation aimed at would-be auteurs who impede emergency services by stopping their cars to take photos of bushfires, road accidents or other disasters. The flipside of that iPhone auteurism is anxiety about the public gaze, expressed through moral panics regarding street photography and sexting. Apart from a handful of exceptions (notably photography in the Sydney Opera House precinct, in the immediate vicinity of defence facilities and in some national parks), Australian law does not prohibit ‘street photography’ which includes photographs or videos of streetscapes or public places. Despite periodic assertions that it is a criminal offence to take photographs of people–particularly minors–without permission from an official, parent/guardian or individual there is no general restriction on ambient photography in public spaces. Moral panics about photographs of children (or adults) on beaches or in the street reflect an ambient anxiety in which danger is associated with strangers and strangers are everywhere (Marr 7; Bauman 93). That conceptualisation is one that would delight people who are wholly innocent of Judith Butler or Andrea Dworkin, in which the gaze (ever pervasive, ever powerful) is tantamount to a violation. The reality is more prosaic: most child sex offences involve intimates, rather than the ‘monstrous other’ with the telephoto lens or collection of nastiness on his iPod (Cossins 435; Ingebretsen 190). Recognition of that reality is important in considering moves that would egregiously restrict legitimate photography in public spaces or happy snaps made by doting relatives. An ambient image–unposed, unpremeditated, uncoerced–of an intimate may empower both authors and subjects when little is solid and memory is fleeting. The same caution might usefully be applied in considering alarms about sexting, ie creation using mobile phones (and access by phone or computer monitor) of intimate images of teenagers by teenagers. Australian governments have moved to emulate their US peers, treating such photography as a criminal offence that can be conceptualized as child pornography and addressed through permanent inclusion in sex offender registers. Lifelong stigmatisation is inappropriate in dealing with naïve or brash 12 and 16 year olds who have been exchanging intimate images without an awareness of legal frameworks or an understanding of consequences (Shafron-Perez 432). Cameras may be everywhere among the e-generation but legal knowledge, like the future, is unevenly distributed. Digital Handcuffs Generations prior to 2008 lost themselves in the streets, gaining individuality or personhood by escaping the surveillance inherent in living at home, being observed by neighbours or simply surrounded by colleagues. Streets offered anonymity and autonomy (Simmel 1903), one reason why heterodox sexuality has traditionally been negotiated in parks and other beats and on kerbs where sex workers ply their trade (Dalton 375). Recent decades have seen a privatisation of those public spaces, with urban planning and digital technologies imposing a new governmentality on hitherto ambient ‘deviance’ and on voyeuristic-exhibitionist practice such as heterosexual ‘dogging’ (Bell 387). That governmentality has been enforced through mechanisms such as replacement of traditional public toilets with ‘pods’ that are conveniently maintained by global service providers such as Veolia (the unromantic but profitable rump of former media & sewers conglomerate Vivendi) and function as billboards for advertising groups such as JC Decaux. Faces encountered in the vicinity of the twenty-first century pissoir are thus likely to be those of supermodels selling yoghurt, low interest loans or sportsgear – the same faces sighted at other venues across the nation and across the globe. Visiting ‘the mens’ gives new meaning to the word ambience when you are more likely to encounter Louis Vuitton and a CCTV camera than George Michael. George’s face, or that of Madonna, Barack Obama, Kevin 07 or Homer Simpson, might instead be sighted on the tshirts or hoodies mentioned above. George’s music might also be borne on the bodies of people you see in the park, on the street, or in the bus. This is the age of ambient performance, taken out of concert halls and virtualised on iPods, Walkmen and other personal devices, music at the demand of the consumer rather than as rationed by concert managers (Bull 85). The cost of that ambience, liberation of performance from time and space constraints, may be a Weberian disenchantment (Steiner 434). Technology has also removed anonymity by offering digital handcuffs to employees, partners, friends and children. The same mobile phones used in the past to offer excuses or otherwise disguise the bearer’s movement may now be tied to an observer through location services that plot the person’s movement across Google Maps or the geospatial information of similar services. That tracking is an extension into the private realm of the identification we now take for granted when using taxis or logistics services, with corporate Australia for example investing in systems that allow accurate determination of where a shipment is located (on Sydney Harbour Bridge? the loading dock? accompanying the truck driver on unauthorized visits to the pub?) and a forecast of when it will arrive (Monmonier 76). Such technologies are being used on a smaller scale to enforce digital Fordism among the binary proletariat in corporate buildings and campuses, with ‘smart badges’ and biometric gateways logging an individual’s movement across institutional terrain (so many minutes in the conference room, so many minutes in the bathroom or lingering among the faux rainforest near the Vice Chancellery) (Bolt). Bright Lights, Blog City It is a truth universally acknowledged, at least by right-thinking Foucauldians, that modernity is a matter of coercion and anomie as all that is solid melts into air. If we are living in an age of hypersocialisation and hypercapitalism – movies and friends on tap, along with the panoptic sorting by marketers and pervasive scrutiny by both the ‘information state’ and public audiences (the million people or one person reading your blog) that is an inevitable accompaniment of the digital cornucopia–we might ask whether everyone is or should be unhappy. This article began by highlighting traditional responses to the bright lights, brashness and excitement of the big city. One conclusion might be that in 2010 not much has changed. Some people experience ambient information as liberating; others as threatening, productive of physical danger or of a more insidious anomie in which personal identity is blurred by an ineluctable electro-smog. There is disagreement about the professionalism (for which read ethics and inhibitions) of ‘citizen media’ and about a culture in which, as in the 1920s, audiences believe that they ‘own the image’ embodying the celebrity or public malefactor. Digital technologies allow you to navigate through the urban maze and allow officials, marketers or the hostile to track you. Those same technologies allow you to subvert both the governmentality and governance. You are free: Be ambient! References Baron, Naomi. Always On: Language in an Online and Mobile World. New York: Oxford UP, 2008. Bauman, Zygmunt. 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IntroductionThe debate about the responsibility of museums to respect Indigenous peoples’ rights (Kelly and Gordon; Butts) has caught our attention on the basis of our previous research experience with regard to the protection of the tangible and intangible heritage of the San (former hunter gatherers) in Southern Africa (Martin and Vermeylen; Vermeylen, Contextualising; Vermeylen, Life Force; Vermeylen et al.; Vermeylen, Land Rights). This paper contributes to the critical debate about curatorial practices and the recovery of Indigenous peoples’ cultural practices and explores how museums can be transformed into cultural centres that “decolonise” their objects while simultaneously providing social agency to marginalised groups such as the San. Indigenous MuseumTraditional methods of displaying Indigenous heritage are now regarded with deep suspicion and resentment by Indigenous peoples (Simpson). A number of related issues such as the appropriation, ownership and repatriation of culture together with the treatment of sensitive and sacred materials and the stereotyping of Indigenous peoples’ identity (Carter; Simpson) have been identified as the main problems in the debate about museum curatorship and Indigenous heritage. The poignant question remains whether the concept of a classical museum—in the sense of how it continues to classify, value and display non-Western artworks—will ever be able to provide agency to Indigenous peoples as long as “their lives are reduced to an abstract set of largely arbitrary material items displayed without much sense of meaning” (Stanley 3). Indeed, as Salvador has argued, no matter how much Indigenous peoples have been involved in the planning and implementation of an exhibition, some issues remain problematic. First, there is the problem of representation: who speaks for the group; who should make decisions and under what circumstances; when is it acceptable for “outsiders” to be involved? Furthermore, Salvador raises another area of contestation and that is the issue of intention. As we agree with Salvador, no matter how good the intention to include Indigenous peoples in the curatorial practices, the fact that Indigenous peoples may have a (political) perspective about the exhibition that differs from the ideological foundation of the museum enterprise, is, indeed, a challenge that must not be overlooked in the discussion of the inclusive museum. This relates to, arguably, one of the most important challenges in respect to the concept of an Indigenous museum: how to present the past and present without creating an essentialising “Other”? As Stanley summarises, the modernising agenda of the museum, including those museums that claim to be Indigenous museums, continues to be heavily embedded in the belief that traditional cultural beliefs, practices and material manifestations must be saved. In other words, exhibitions focusing on Indigenous peoples fail to show them as dynamic, living cultures (Simpson). This raises the issue that museums recreate the past (Sepúlveda dos Santos) while Indigenous peoples’ interests can be best described “in terms of contemporaneity” (Bolton qtd. in Stanley 7). According to Bolton, Indigenous peoples’ interest in museums can be best understood in terms of using these (historical) collections and institutions to address contemporary issues. Or, as Sepúlveda dos Santos argues, in order for museums to be a true place of memory—or indeed a true place of recovery—it is important that the museum makes the link between the past and contemporary issues or to use its objects in such a way that these objects emphasize “the persistence of lived experiences transmitted through generations” (29). Under pressure from Indigenous rights movements, the major aim of some museums is now reconciliation with Indigenous peoples which, ultimately, should result in the return of the cultural objects to the originators of these objects (Kelly and Gordon). Using the Native American Graves Protection and Repatriation Act of 1990 (NAGPRA) as an illustration, we argue that the whole debate of returning or recovering Indigenous peoples’ cultural objects to the original source is still embedded in a discourse that emphasises the mummified aspect of these materials. As Harding argues, NAGPRA is provoking an image of “native Americans as mere passive recipients of their cultural identity, beholden to their ancestors and the museum community for the re-creation of their cultures” (137) when it defines cultural patrimony as objects having ongoing historical, traditional or cultural importance, central to the Native American group or culture itself. According to Harding (2005) NAGPRA’s dominating narrative focuses on the loss, alienation and cultural genocide of the objects as long as these are not returned to their originators. The recovery or the return of the objects to their “original” culture has been applauded as one of the most liberating and emancipatory events in recent years for Indigenous peoples. However, as we have argued elsewhere, the process of recovery needs to do more than just smother the object in its past; recovery can only happen when heritage or tradition is connected to the experience of everyday life. One way of achieving this is to move away from the objectification of Indigenous peoples’ cultures. ObjectificationIn our exploratory enquiry about new museum practices our attention was drawn to a recent debate about ownership and personhood within the context of museology (Busse; Baker; Herle; Bell; Geismar). Busse, in particular, makes the point that in order to reformulate curatorial practices it is important to redefine the concept and meaning of objects. While the above authors do not question the importance of the objects, they all argue that the real importance does not lie in the objects themselves but in the way these objects embody the physical manifestation of social relations. The whole idea that objects matter because they have agency and efficacy, and as such become a kind of person, draws upon recent anthropological theorising by Gell and Strathern. Furthermore, we have not only been inspired by Gell’s and Strathern’s approaches that suggests that objects are social persons, we have also been influenced by Appadurai’s and Kopytoff’s defining of objects as biographical agents and therefore valued because of the associations they have acquired throughout time. We argue that by framing objects in a social network throughout its lifecycle we can avoid the recurrent pitfalls of essentialising objects in terms of their “primitive” or “traditional” (aesthetic) qualities and mystifying the identity of Indigenous peoples as “noble savages.” Focusing more on the social network that surrounds a particular object opens up new avenues of enquiry as to how, and to what extent, museums can become more inclusive vis-à-vis Indigenous peoples. It allows moving beyond the current discourse that approaches the history of the (ethnographic) museum from only one dominant perspective. By tracing an artwork throughout its lifecycle a new metaphor can be discovered; one that shows that Indigenous peoples have not always been victims, but maybe more importantly it allows us to show a more complex narrative of the object itself. It gives us the space to counterweight some of the discourses that have steeped Indigenous artworks in a “postcolonial” framework of sacredness and mythical meaning. This is not to argue that it is not important to be reminded of the dangers of appropriating other cultures’ heritage, but we would argue that it is equally important to show that approaching a story from a one-sided perspective will create a dualism (Bush) and reducing the differences between different cultures to a dualistic opposition fails to recognise the fundamental areas of agency (Morphy). In order for museums to enliven and engage with objects, they must become institutions that emphasise a relational approach towards displaying and curating objects. In the next part of this paper we will explore to what extent an online museum could progressively facilitate the process of providing agency to the social relations that link objects, persons, environments and memories. As Solanilla argues, what has been described as cybermuseology may further transform the museum landscape and provide an opportunity to challenge some of the problems identified above (e.g. essentialising practices). Or to quote the museologist Langlais: “The communication and interaction possibilities offered by the Web to layer information and to allow exploration of multiple meanings are only starting to be exploited. In this context, cybermuseology is known as a practice that is knowledge-driven rather than object-driven, and its main goal is to disseminate knowledge using the interaction possibilities of Information Communication Technologies” (Langlais qtd. in Solanilla 108). One thing which shows promise and merits further exploration is the idea of transforming the act of exhibiting ethnographic objects accompanied by texts and graphics into an act of cyber discourse that allows Indigenous peoples through their own voices and gestures to involve us in their own history. This is particularly the case since Indigenous peoples are using technologies, such as the Internet, as a new medium through which they can recuperate their histories, land rights, knowledge and cultural heritage (Zimmerman et al.). As such, new technology has played a significant role in the contestation and formation of Indigenous peoples’ current identity by creating new social and political spaces through visual and narrative cultural praxis (Ginsburg).Online MuseumsIt has been acknowledged for some time that a presence on the Web might mitigate the effects of what has been described as the “unassailable voice” in the recovery process undertaken by museums (Walsh 77). However, a museum’s online engagement with an Indigenous culture may have significance beyond undercutting the univocal authority of a museum. In the case of the South African National Gallery it was charged with challenging the extent to which it represents entrenched but unacceptable political ideologies. Online museums may provide opportunities in the conservation and dissemination of “life stories” that give an account of an Indigenous culture as it is experienced (Solanilla 105). We argue that in engaging with Indigenous cultural heritage a distinction needs to be drawn between data and the cognitive capacity to learn, “which enables us to extrapolate and learn new knowledge” (Langlois 74). The problem is that access to data about an Indigenous culture does not necessarily lead to an understanding of its knowledge. It has been argued that cybermuseology loses the essential interpersonal element that needs to be present if intangible heritage is understood as “the process of making sense that is generally transmitted orally and through face-to-face experience” (Langlois 78). We agree that the online museum does not enable a reality to be reproduced (Langlois 78).This does not mean that cybermuseology should be dismissed. Instead it provides the opportunity to construct a valuable, but completely new, experience of cultural knowledge (Langlois 78). The technology employed in cybermuseology provides the means by which control over meaning may, at least to some extent, be dispersed (Langlois 78). In this way online museums provide the opportunity for Indigenous peoples to challenge being subjected to manipulation by one authoritative museological voice. One of the ways this may be achieved is through interactivity by enabling the use of social tagging and folksonomy (Solanilla 110; Trant 2). In these processes keywords (tags) are supplied and shared by visitors as a means of accessing museum content. These tags in turn give rise to a classification system (folksonomy). In the context of an online museum engaging with an Indigenous culture we have reservations about the undifferentiated interactivity on the part of all visitors. This issue may be investigated further by examining how interactivity relates to communication. Arguably, an online museum is engaged in communicating Indigenous cultural heritage because it helps to keep it alive and pass it on to others (Langlois 77). However, enabling all visitors to structure online access to that culture may be detrimental to the communication of knowledge that might otherwise occur. The narratives by which Indigenous cultures, rather than visitors, order access to information about their cultures may lead to the communication of important knowledge. An illustration of the potential of this approach is the work Sharon Daniel has been involved with, which enables communities to “produce knowledge and interpret their own experience using media and information technologies” (Daniel, Palabras) partly by means of generating folksonomies. One way in which such issues may be engaged with in the context of online museums is through the argument that database and narrative in such new media objects are opposed to each other (Manovich, New Media 225). A new media work such as an online museum may be understood to be comprised of a database and an interface to that database. A visitor to an online museum may only move through the content of the database by following those paths that have been enabled by those who created the museum (Manovich, New Media 227). In short it is by means of the interface provided to the viewer that the content of the database is structured into a narrative (Manovich, New Media: 226). It is possible to understand online museums as constructions in which narrative and database aspects are emphasized to varying degrees for users. There are a variety of museum projects in which the importance of the interface in creating a narrative interface has been acknowledged. Goldblum et al. describe three examples of websites in which interfaces may be understood as, and explicitly designed for, carrying meaning as well as enabling interactivity: Life after the Holocaust; Ripples of Genocide; and Yearbook 2006.As with these examples, we suggest that it is important there be an explicit engagement with the significance of interface(s) for online museums about Indigenous peoples. The means by which visitors access content is important not only for the way in which visitors interact with material, but also as to what is communicated about, culture. It has been suggested that the curator’s role should be moved away from expertly representing knowledge toward that of assisting people outside the museum to make “authored statements” within it (Bennett 11). In this regard it seems to us that involvement of Indigenous peoples with the construction of the interface(s) to online museums is of considerable significance. Pieterse suggests that ethnographic museums should be guided by a process of self-representation by the “others” portrayed (Pieterse 133). Moreover it should not be forgotten that, because of the separation of content and interface, it is possible to have access to a database of material through more than one interface (Manovich, New Media 226-7). Online museums provide a means by which the artificial homogenization of Indigenous peoples may be challenged.We regard an important potential benefit of an online museum as the replacement of accessing material through the “unassailable voice” with the multiplicity of Indigenous voices. A number of ways to do this are suggested by a variety of new media artworks, including those that employ a database to rearrange information to reveal underlying cultural positions (Paul 100). Paul discusses the work of, amongst others, George Legrady. She describes how it engages with the archive and database as sites that record culture (104-6). Paul specifically discusses Legrady’s work Slippery Traces. This involved viewers navigating through more than 240 postcards. Viewers of work were invited to “first chose one of three quotes appearing on the screen, each of which embodies a different perspective—anthropological, colonialist, or media theory—and thus provides an interpretive angle for the experience of the projects” (104-5). In the same way visitors to an online museum could be provided with a choice of possible Indigenous voices by which its collection might be experienced. We are specifically interested in the implications that such approaches have for the way in which online museums could engage with film. Inspired by Basu’s work on reframing ethnographic film, we see the online museum as providing the possibility of a platform to experiment with new media art in order to expose the meta-narrative(s) about the politics of film making. As Basu argues, in order to provoke a feeling of involvement with the viewer, it is important that the viewer becomes aware “of the plurality of alternative readings/navigations that they might have made” (105). As Weinbren has observed, where a fixed narrative pathway has been constructed by a film, digital technology provides a particularly effective means to challenge it. It would be possible to reveal the way in which dominant political interests regarding Indigenous cultures have been asserted, such as for example in the popular film The Gods Must Be Crazy. New media art once again provides some interesting examples of the way ideology, that might otherwise remain unclear, may be exposed. Paul describes the example of Jennifer and Kevin McCoy’s project How I learned. The work restructures a television series Kung Fu by employing “categories such as ‘how I learned about blocking punches,’ ‘how I learned about exploiting workers,’ or ‘how I learned to love the land’” (Paul 103) to reveal in greater clarity, than otherwise might be possible, the cultural stereotypes used in the visual narratives of the program (Paul 102-4). We suggest that such examples suggest the ways in which online museums could work to reveal and explore the existence not only of meta-narratives expressed by museums as a whole, but also the means by which they are realised within existing items held in museum collections.ConclusionWe argue that the agency for such reflective moments between the San, who have been repeatedly misrepresented or underrepresented in exhibitions and films, and multiple audiences, may be enabled through the generation of multiple narratives within online museums. We would like to make the point that, first and foremost, the theory of representation must be fully understood and acknowledged in order to determine whether, and how, modes of online curating are censorious. As such we see online museums having the potential to play a significant role in illuminating for both the San and multiple audiences the way that any form of representation or displaying restricts the meanings that may be recovered about Indigenous peoples. ReferencesAppadurai, Arjun. The Social Life of Things: Commodities in Cultural Perspective. Cambridge: Harvard UP, 1986. Bal, Mieke. “Exhibition as Film.” Exhibition Experiments. Ed. Sharon Macdonald and Paul Basu. Malden: Blackwell Publishing 2007. 71-93. Basu, Paul. “Reframing Ethnographic Film.” Rethinking Documentary. Eds. Thomas Austin and Wilma de Jong. Maidenhead: Open U P, 2008. 94-106.Barringer, Tim, and Tom Flynn. Colonialism and the Object: Empire, Material Culture and the Museum. London: Routledge, 1998. 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Diese Arbeit bietet eine solide theoretische Grundlage zu Philanthropie und religiös motivierten Spendenaktivitäten und deren Einfluss auf Wohltätigkeitstrends, Entwicklungszusammenarbeit und einer auf dem Gedanken der sozialen Gerechtigkeit beruhenden Philanthropie. Untersucht werden dafür die Strukturen religiös motivierte Spenden, für die in der islamischen Tradition die Begriffe „zakat“, „Waqf“ oder im Plural auch „awqaf-“ oder „Sadaqa“ verwendet werden, der christliche Begriff dafür lautet „tithes“ oder „ushour“. Aufbauend auf diesem theoretischen Rahmenwerk analysiert die qualitative und quantitative Feldstudie auf nationaler Ebene, wie die ägyptische Öffentlichkeit Philanthropie, soziale Gerechtigkeit, Menschenrechte, Spenden, Freiwilligenarbeit und andere Konzepte des zivilgesellschaftlichen Engagements wahrnimmt. Um eine umfassende und repräsentative Datengrundlage zu erhalten, wurden 2000 Haushalte, 200 zivilgesellschaftliche Organisationen erfasst, sowie Spender, Empfänger, religiöse Wohltäter und andere Akteure interviewt. Die so gewonnen Erkenntnisse lassen aussagekräftige Aufschlüsse über philanthropische Trends zu. Erstmals wird so auch eine finanzielle Einschätzung und Bewertung der Aktivitäten im lokalen Wohltätigkeitsbereich möglich, die sich auf mehr als eine Billion US-Dollar beziffern lassen. Die Erhebung weist nach, dass gemessen an den Pro-Kopf-Aufwendungen die privaten Spendenaktivitäten weitaus wichtiger sind als auswärtige wirtschaftliche Hilfe für Ägypten. Das wiederum lässt Rückschlüsse zu, welche Bedeutung lokale Wohltätigkeit erlangen kann, wenn sie richtig gesteuert wird und nicht wie bislang oft im Teufelskreis von ad-hoc-Spenden oder Hilfen von Privatperson an Privatperson gefangen ist. Die Studie stellt außerdem eine Verbindung her zwischen lokalen Wohltätigkeits-Mechanismen, die meist auf religiösen und kulturellen Werten beruhen, und modernen Strukturen, wie etwa Gemeinde-Stiftungen oder Gemeinde-„waqf“, innerhalb derer die Spenden eine nachhaltige Veränderung bewirken können. Daher bietet diese Arbeit also eine umfassende wissenschaftliche Grundlage, die nicht nur ein besseres Verständnis, sondern auch den nachhaltiger Aus- und Aufbau lokaler Wohltätigkeitsstrukturen in Ägypten ermöglicht. Zentral ist dabei vor allem die Rolle lokaler, individueller Spenden, die beispielsweise für Stiftungen auf der Gemeindeebene eingesetzt, wesentlich zu einer nachhaltigen Entwicklung beitragen könnten – und das nicht nur in Ägypten, sondern in der gesamten arabischen Region. Als konkretes Ergebnis dieser Arbeit, wurde ein innovatives Modell entwickelt, dass neben den wissenschaftlichen Daten das Konzept der „waqf“ berücksichtigt. Der Wissenschaftlerin und einem engagierten Vorstand ist es auf dieser Grundlage gelungen, die Waqfeyat al Maadi Community Foundation (WMCF) zu gründen, die nicht nur ein Modell für eine Bürgerstiftung ist, sondern auch das tradierte Konzept der „waqf“ als praktikable und verbürgte Wohlstätigkeitsstruktur sinnvoll weiterentwickelt.
This work provides a solid theoretical base on philanthropy, religious giving (Islamic zakat, ‘ushour, Waqf -plural: awqaf-, Sadaqa and Christian tithes or ‘ushour), and their implications on giving trends, development work, social justice philanthropy. The field study (quantitative and qualitative) that supports the theoretical framework reflects at a national level the Egyptian public’s perceptions on philanthropy, social justice, human rights, giving and volunteering and other concepts that determine the peoples’ civic engagement. The statistics cover 2000 households, 200 Civil Society Organizations distributed all over Egypt and interviews donors, recipients, religious people and other stakeholders. The numbers reflect philanthropic trends and for the first time provide a monetary estimate of local philanthropy of over USD 1 Billion annually. The survey proves that the per capita share of philanthropy outweighs the per capita share of foreign economic assistance to Egypt, which implies the significance of local giving if properly channeled, and not as it is actually consumed in the vicious circle of ad-hoc, person to person charity. In addition, the study relates local giving mechanisms derived from religion and culture to modern actual structures, like community foundations or community waqf that could bring about sustainable change in the communities. In sum, the work provides a comprehensive scientific base to help understand- and build on local philanthropy in Egypt. It explores the role that local individual giving could play in achieving sustainable development and building a new wave of community foundations not only in Egypt but in the Arab region at large. As a tangible result of this thesis, an innovative model that revives the concept of waqf and builds on the study’s results was created by the researcher and a dedicated board of trustees who succeeded in establishing Waqfeyat al Maadi Community Foundation (WMCF) that not only introduces the community foundation model to Egypt, but revives and modernizes the waqf as a practical authentic philanthropic structure.

Legal texts represent a fundamental building block in all democratic states. As such, legal information must be accessible to all members of society to the widest possible extent, to aid inclusiveness and to enable participation in public decision-making. In recognition of this, the EU and its Member States work to make laws, court decisions, etc. publicly available online. The sheer mass of legal norms, instruments, and interpretations in court decisions, commentaries and other sources, makes it increasingly difficult for citizens, civil society, businesses, and all involved stakeholders in legal practices to locate the relevant law. The challenge is to interlink local legal information and to have structures in place to enrich this information through aggregation and mass customization. The technological possibilities to achieve this goal do exist. The European project openlaws.eu aims for initiating a platform and to develop a vision for Big Open Legal Data (BOLD): an open framework for legislation, case law, and legal literature from across Europe.