Academic literature on the topic 'Stock exchanges – Moral and ethical aspects'

The present research aims to explore the relationship between corporate social responsibility and earnings management (EM). For this study, we utilized the panel data of companies registered with the Shanghai and the Shenzhen stock exchanges. The data consists of 10years of financial data from 2010 to 2019. After a thorough investigation, we discovered that CSR hurts the EM practice, which mainly relates to the prevalence of the ethical stance and the moral stance in corporate decision-making. When firms engage in activities about CSR, they tend to improve their corporate image and their social image as the stakeholder satisfaction level increases. The results also indicate that, when firms engage in these types of activities, they tend to incorporate practices related to CSR as part of their corporate strategy. This also results in a higher moral standing amongst the decision-makers, and they prefer to reject malpractices, such as EM, as a result. In the case of the Chinese state-owned firms, the results indicate that these companies increasingly engage in real earnings management (REM), even though they have increased their CSR activities. The results point towards management opportunism with Chinese state-owned companies.

In this publication formation of policy of Bolsheviks of rather housing question is considered. Housing policies of the Soviet power – some kind of unique experiment in the sphere of housing which had no analogs in the world and was conducted at the beginning of the XX century with an exception of a private ownership on the earth and the real estate, with change of a control system of housing and activity of people, formation of labor and household collectives, with development of state and departmental form of ownership on housing. All these processes happened in the uniform ideological field, in uniform political and welfare borders. Article purpose – not only to analyse theories which influenced formation of policy of Bolsheviks in a housing question, but also to track the embodiment them in life of the Soviet society.On the basis of the new approaches caused by the need for more objective estimates of historical heritage under conditions of democratization public lives the population life kommunization problem and also policy of Bolsheviks of rather housing question is investigated and reinterpreted. Process of change of old inhabited economy on anti-market destroyed house owners and apartments owners, liquidated old and created new types of development of living space, resisted to private individual housing. K. Marx, F. Engels and V. Lenin’s views of strategy and tactics of new anti-capitalist housing policies are considered. It is proved that housing policies in the 20-th years of the 20th century represented set of discriminatory and protectionist measures which created conditions for formation and existence of household collectives. The beginning of real practical actions for implementation of housing policies of Bolsheviks needs to be counted from the moment of adoption of the first decrees which cardinally changed the nature of a land ownership and the real estate. Housing policies of the Soviet power affected many processes which happened in society: from moral and ethical aspects of life in family before creation of «sotsgorodok» of future society. Thereof the earth and a housing stock, stopping being a purchase sale subject, turned into means of the state distribution, and as a result – into means of administrative and political influence.

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. Liquid Modernity. Oxford: Polity Press, 2000. Bell, David. “Bodies, Technologies, Spaces: On ‘Dogging’.” Sexualities 9.4 (2006): 387-408. Bennett, Colin. The Privacy Advocates: Resisting the Spread of Surveillance. Cambridge: MIT Press, 2008. Berman, Marshall. All That Is Solid Melts into Air: The Experience of Modernity. London: Verso, 2001. Bolt, Nate. “The Binary Proletariat.” First Monday 5.5 (2000). 25 Feb 2010 ‹http://131.193.153.231/www/issues/issue5_5/bolt/index.html›. Buck-Morss, Susan. The Dialectics of Seeing: Walter Benjamin and the Arcades Project. Cambridge: MIT Press, 1991. Bull, Michael. Sounding Out the City: Personal Stereos and the Management of Everyday Life. Oxford: Berg, 2003. Bull, Michael. Sound Moves: iPod Culture and the Urban Experience. London: Routledge, 2008 Burns, Kelli. Celeb 2.0: How Social Media Foster Our Fascination with Popular Culture. Santa Barbara: ABC-CLIO, 2009. Castells, Manuel. “The Urban Ideology.” The Castells Reader on Cities and Social Theory. Ed. Ida Susser. Malden: Blackwell, 2002. 34-70. Cossins, Anne, Jane Goodman-Delahunty, and Kate O’Brien. “Uncertainty and Misconceptions about Child Sexual Abuse: Implications for the Criminal Justice System.” Psychiatry, Psychology and the Law 16.4 (2009): 435-452. Dalton, David. “Policing Outlawed Desire: ‘Homocriminality’ in Beat Spaces in Australia.” Law & Critique 18.3 (2007): 375-405. De Certeau, Michel. The Practice of Everyday Life. Berkeley: University of California P, 1984. Dennis, Kingsley. “Keeping a Close Watch: The Rise of Self-Surveillance and the Threat of Digital Exposure.” The Sociological Review 56.3 (2008): 347-357. Dodge, Martin, and Rob Kitchin. “Outlines of a World Coming into Existence: Pervasive Computing and the Ethics of Forgetting.” Environment & Planning B: Planning & Design 34.3 (2007): 431-445. Doel, Marcus, and David Clarke. “Transpolitical Urbanism: Suburban Anomaly and Ambient Fear.” Space & Culture 1.2 (1998): 13-36. Dyer-Witheford, Nick. Cyber-Marx: Cycles and Circuits of Struggle in High Technology Capitalism. Champaign: U of Illinois P, 1999. Fritzsche, Peter. Reading Berlin 1900. Cambridge: Harvard UP, 1998. Gumpert, Gary, and Susan Drucker. “Privacy, Predictability or Serendipity and Digital Cities.” Digital Cities II: Computational and Sociological Approaches. Berlin: Springer, 2002. 26-40. Hassan, Robert. The Information Society. Cambridge: Polity Press, 2008. Hillier, Bill. “Cities as Movement Economies.” Intelligent Environments: Spatial Aspects of the Information Revolution. Ed. Peter Drioege. Amsterdam: Elsevier, 1997. 295-342. Holmes, David. “Cybercommuting on an Information Superhighway: The Case of Melbourne’s CityLink.” The Cybercities Reader. Ed. Stephen Graham. London: Routledge, 2004. 173-178. Huey, Laura, Kevin Walby, and Aaron Doyle. “Cop Watching in the Downtown Eastside: Exploring the Use of CounterSurveillance as a Tool of Resistance.” Surveillance and Security: Technological Politics and Power in Everyday Life. Ed. Torin Monahan. London: Routledge, 2006. 149-166. Ingebretsen, Edward. At Stake: Monsters and the Rhetoric of Fear in Public Culture. Chicago: U of Chicago P, 2001. iSee. “Now More Than Ever”. 20 Feb 2010 ‹http://www.appliedautonomy.com/isee/info.html›. Jackson, Margaret, and Julian Ligertwood. "Identity Management: Is an Identity Card the Solution for Australia?” Prometheus 24.4 (2006): 379-387. Jermyn, Deborah. Crime Watching: Investigating Real Crime TV. London: IB Tauris, 2007. Kullenberg, Christopher. “The Social Impact of IT: Surveillance and Resistance in Present-Day Conflicts.” FlfF-Kommunikation 1 (2009): 37-40. Lyon, David. Surveillance as Social Sorting: Privacy, Risk and Digital Discrimination. London: Routledge, 2003. Marr, David. The Henson Case. Melbourne: Text, 2008. Maynard, Margaret. Dress and Globalisation. Manchester: Manchester UP, 2004. Merchant, Carolyn. The Columbia Guide to American Environmental History. New York: Columbia UP, 2002. Monmonier, Mark. “Geolocation and Locational Privacy: The ‘Inside’ Story on Geospatial Tracking’.” Privacy and Technologies of Identity: A Cross-disciplinary Conversation. Ed. Katherine Strandburg and Daniela Raicu. Berlin: Springer, 2006. 75-92. Ndalianis, Angela. “Architecture of the Senses: Neo-Baroque Entertainment Spectacles.” Rethinking Media Change: The Aesthetics of Tradition. Ed. David Thorburn and Henry Jenkins. Cambridge: MIT Press, 2004. 355-374. Parenti, Christian. The Soft Cage: Surveillance in America. New York: Basic Books, 2003. Sayre, Shay. “T-shirt Messages: Fortune or Folly for Advertisers.” Advertising and Popular Culture: Studies in Variety and Versatility. Ed. Sammy Danna. New York: Popular Press, 1992. 73-82. Savitch, Henry. Cities in a Time of Terror: Space, Territory and Local Resilience. Armonk: Sharpe, 2008. Scheingold, Stuart. The Politics of Street Crime: Criminal Process and Cultural Obsession. Philadephia: Temple UP, 1992. Schivelbusch, Wolfgang. Disenchanted Night: The Industrialization of Light in the Nineteenth Century. Berkeley: U of California Press, 1995. Shafron-Perez, Sharon. “Average Teenager or Sex Offender: Solutions to the Legal Dilemma Caused by Sexting.” John Marshall Journal of Computer & Information Law 26.3 (2009): 431-487. Simmel, Georg. “The Metropolis and Mental Life.” Individuality and Social Forms. Ed. Donald Levine. Chicago: University of Chicago P, 1971. Staples, William. Everyday Surveillance: Vigilance and Visibility in Postmodern Life. Lanham: Rowman & Littlefield, 2000. Steiner, George. George Steiner: A Reader. New York: Oxford UP, 1987. Thompson, Emily. The Soundscape of Modernity: Architectural Acoustics and the Culture of Listening in America. Cambridge: The MIT Press, 2004. Wark, Mackenzie. Virtual Geography: Living with Global Media Events. Bloomington: Indiana UP, 1994. Wilson, Elizabeth. The Sphinx in the City: Urban Life, the Control of Disorder and Women. Berkeley: University of California P, 1991. Wood, David. “Towards Spatial Protocol: The Topologies of the Pervasive Surveillance Society.” Augmenting Urban Spaces: Articulating the Physical and Electronic City. Eds. Allesandro Aurigi and Fiorella de Cindio. Aldershot: Ashgate, 2008. 93-106.

There is no diagram that does not also include, besides the points it connects up, certain relatively free or unbounded points, points of creativity, change and resistance, and it is perhaps with these that we ought to begin in order to understand the whole picture. (Deleuze, “Foucault” 37) Monty Cantsin: Why do we use a pervert software robot to exploit our collective consensual mind? Letitia: Because we want the thief to be a digital entity. Monty Cantsin: But isn’t this really blasphemic? Letitia: Yes, but god – in our case a meta-cocktail of authorship and copyright – can not be trusted anymore. (Amazon Noir, “Dialogue”) In 2006, some 3,000 digital copies of books were silently “stolen” from online retailer Amazon.com by targeting vulnerabilities in the “Search inside the Book” feature from the company’s website. Over several weeks, between July and October, a specially designed software program bombarded the Search Inside!™ interface with multiple requests, assembling full versions of texts and distributing them across peer-to-peer networks (P2P). Rather than a purely malicious and anonymous hack, however, the “heist” was publicised as a tactical media performance, Amazon Noir, produced by self-proclaimed super-villains Paolo Cirio, Alessandro Ludovico, and Ubermorgen.com. While controversially directed at highlighting the infrastructures that materially enforce property rights and access to knowledge online, the exploit additionally interrogated its own interventionist status as theoretically and politically ambiguous. That the “thief” was represented as a digital entity or machinic process (operating on the very terrain where exchange is differentiated) and the emergent act of “piracy” was fictionalised through the genre of noir conveys something of the indeterminacy or immensurability of the event. In this short article, I discuss some political aspects of intellectual property in relation to the complexities of Amazon Noir, particularly in the context of control, technological action, and discourses of freedom. Software, Piracy As a force of distribution, the Internet is continually subject to controversies concerning flows and permutations of agency. While often directed by discourses cast in terms of either radical autonomy or control, the technical constitution of these digital systems is more regularly a case of establishing structures of operation, codified rules, or conditions of possibility; that is, of guiding social processes and relations (McKenzie, “Cutting Code” 1-19). Software, as a medium through which such communication unfolds and becomes organised, is difficult to conceptualise as a result of being so event-orientated. There lies a complicated logic of contingency and calculation at its centre, a dimension exacerbated by the global scale of informational networks, where the inability to comprehend an environment that exceeds the limits of individual experience is frequently expressed through desires, anxieties, paranoia. Unsurprisingly, cautionary accounts and moral panics on identity theft, email fraud, pornography, surveillance, hackers, and computer viruses are as commonplace as those narratives advocating user interactivity. When analysing digital systems, cultural theory often struggles to describe forces that dictate movement and relations between disparate entities composed by code, an aspect heightened by the intensive movement of informational networks where differences are worked out through the constant exposure to unpredictability and chance (Terranova, “Communication beyond Meaning”). Such volatility partially explains the recent turn to distribution in media theory, as once durable networks for constructing economic difference – organising information in space and time (“at a distance”), accelerating or delaying its delivery – appear contingent, unstable, or consistently irregular (Cubitt 194). Attributing actions to users, programmers, or the software itself is a difficult task when faced with these states of co-emergence, especially in the context of sharing knowledge and distributing media content. Exchanges between corporate entities, mainstream media, popular cultural producers, and legal institutions over P2P networks represent an ongoing controversy in this respect, with numerous stakeholders competing between investments in property, innovation, piracy, and publics. Beginning to understand this problematic landscape is an urgent task, especially in relation to the technological dynamics that organised and propel such antagonisms. In the influential fragment, “Postscript on the Societies of Control,” Gilles Deleuze describes the historical passage from modern forms of organised enclosure (the prison, clinic, factory) to the contemporary arrangement of relational apparatuses and open systems as being materially provoked by – but not limited to – the mass deployment of networked digital technologies. In his analysis, the disciplinary mode most famously described by Foucault is spatially extended to informational systems based on code and flexibility. According to Deleuze, these cybernetic machines are connected into apparatuses that aim for intrusive monitoring: “in a control-based system nothing’s left alone for long” (“Control and Becoming” 175). Such a constant networking of behaviour is described as a shift from “molds” to “modulation,” where controls become “a self-transmuting molding changing from one moment to the next, or like a sieve whose mesh varies from one point to another” (“Postscript” 179). Accordingly, the crisis underpinning civil institutions is consistent with the generalisation of disciplinary logics across social space, forming an intensive modulation of everyday life, but one ambiguously associated with socio-technical ensembles. The precise dynamics of this epistemic shift are significant in terms of political agency: while control implies an arrangement capable of absorbing massive contingency, a series of complex instabilities actually mark its operation. Noise, viral contamination, and piracy are identified as key points of discontinuity; they appear as divisions or “errors” that force change by promoting indeterminacies in a system that would otherwise appear infinitely calculable, programmable, and predictable. The rendering of piracy as a tactic of resistance, a technique capable of levelling out the uneven economic field of global capitalism, has become a predictable catch-cry for political activists. In their analysis of multitude, for instance, Antonio Negri and Michael Hardt describe the contradictions of post-Fordist production as conjuring forth a tendency for labour to “become common.” That is, as productivity depends on flexibility, communication, and cognitive skills, directed by the cultivation of an ideal entrepreneurial or flexible subject, the greater the possibilities for self-organised forms of living that significantly challenge its operation. In this case, intellectual property exemplifies such a spiralling paradoxical logic, since “the infinite reproducibility central to these immaterial forms of property directly undermines any such construction of scarcity” (Hardt and Negri 180). The implications of the filesharing program Napster, accordingly, are read as not merely directed toward theft, but in relation to the private character of the property itself; a kind of social piracy is perpetuated that is viewed as radically recomposing social resources and relations. Ravi Sundaram, a co-founder of the Sarai new media initiative in Delhi, has meanwhile drawn attention to the existence of “pirate modernities” capable of being actualised when individuals or local groups gain illegitimate access to distributive media technologies; these are worlds of “innovation and non-legality,” of electronic survival strategies that partake in cultures of dispersal and escape simple classification (94). Meanwhile, pirate entrepreneurs Magnus Eriksson and Rasmus Fleische – associated with the notorious Piratbyrn – have promoted the bleeding away of Hollywood profits through fully deployed P2P networks, with the intention of pushing filesharing dynamics to an extreme in order to radicalise the potential for social change (“Copies and Context”). From an aesthetic perspective, such activist theories are complemented by the affective register of appropriation art, a movement broadly conceived in terms of antagonistically liberating knowledge from the confines of intellectual property: “those who pirate and hijack owned material, attempting to free information, art, film, and music – the rhetoric of our cultural life – from what they see as the prison of private ownership” (Harold 114). These “unruly” escape attempts are pursued through various modes of engagement, from experimental performances with legislative infrastructures (i.e. Kembrew McLeod’s patenting of the phrase “freedom of expression”) to musical remix projects, such as the work of Negativland, John Oswald, RTMark, Detritus, Illegal Art, and the Evolution Control Committee. Amazon Noir, while similarly engaging with questions of ownership, is distinguished by specifically targeting information communication systems and finding “niches” or gaps between overlapping networks of control and economic governance. Hans Bernhard and Lizvlx from Ubermorgen.com (meaning ‘Day after Tomorrow,’ or ‘Super-Tomorrow’) actually describe their work as “research-based”: “we not are opportunistic, money-driven or success-driven, our central motivation is to gain as much information as possible as fast as possible as chaotic as possible and to redistribute this information via digital channels” (“Interview with Ubermorgen”). This has led to experiments like Google Will Eat Itself (2005) and the construction of the automated software thief against Amazon.com, as process-based explorations of technological action. Agency, Distribution Deleuze’s “postscript” on control has proven massively influential for new media art by introducing a series of key questions on power (or desire) and digital networks. As a social diagram, however, control should be understood as a partial rather than totalising map of relations, referring to the augmentation of disciplinary power in specific technological settings. While control is a conceptual regime that refers to open-ended terrains beyond the architectural locales of enclosure, implying a move toward informational networks, data solicitation, and cybernetic feedback, there remains a peculiar contingent dimension to its limits. For example, software code is typically designed to remain cycling until user input is provided. There is a specifically immanent and localised quality to its actions that might be taken as exemplary of control as a continuously modulating affective materialism. The outcome is a heightened sense of bounded emergencies that are either flattened out or absorbed through reconstitution; however, these are never linear gestures of containment. As Tiziana Terranova observes, control operates through multilayered mechanisms of order and organisation: “messy local assemblages and compositions, subjective and machinic, characterised by different types of psychic investments, that cannot be the subject of normative, pre-made political judgments, but which need to be thought anew again and again, each time, in specific dynamic compositions” (“Of Sense and Sensibility” 34). This event-orientated vitality accounts for the political ambitions of tactical media as opening out communication channels through selective “transversal” targeting. Amazon Noir, for that reason, is pitched specifically against the material processes of communication. The system used to harvest the content from “Search inside the Book” is described as “robot-perversion-technology,” based on a network of four servers around the globe, each with a specific function: one located in the United States that retrieved (or “sucked”) the books from the site, one in Russia that injected the assembled documents onto P2P networks and two in Europe that coordinated the action via intelligent automated programs (see “The Diagram”). According to the “villains,” the main goal was to steal all 150,000 books from Search Inside!™ then use the same technology to steal books from the “Google Print Service” (the exploit was limited only by the amount of technological resources financially available, but there are apparent plans to improve the technique by reinvesting the money received through the settlement with Amazon.com not to publicise the hack). In terms of informational culture, this system resembles a machinic process directed at redistributing copyright content; “The Diagram” visualises key processes that define digital piracy as an emergent phenomenon within an open-ended and responsive milieu. That is, the static image foregrounds something of the activity of copying being a technological action that complicates any analysis focusing purely on copyright as content. In this respect, intellectual property rights are revealed as being entangled within information architectures as communication management and cultural recombination – dissipated and enforced by a measured interplay between openness and obstruction, resonance and emergence (Terranova, “Communication beyond Meaning” 52). To understand data distribution requires an acknowledgement of these underlying nonhuman relations that allow for such informational exchanges. It requires an understanding of the permutations of agency carried along by digital entities. According to Lawrence Lessig’s influential argument, code is not merely an object of governance, but has an overt legislative function itself. Within the informational environments of software, “a law is defined, not through a statue, but through the code that governs the space” (20). These points of symmetry are understood as concretised social values: they are material standards that regulate flow. Similarly, Alexander Galloway describes computer protocols as non-institutional “etiquette for autonomous agents,” or “conventional rules that govern the set of possible behavior patterns within a heterogeneous system” (7). In his analysis, these agreed-upon standardised actions operate as a style of management fostered by contradiction: progressive though reactionary, encouraging diversity by striving for the universal, synonymous with possibility but completely predetermined, and so on (243-244). Needless to say, political uncertainties arise from a paradigm that generates internal material obscurities through a constant twinning of freedom and control. For Wendy Hui Kyong Chun, these Cold War systems subvert the possibilities for any actual experience of autonomy by generalising paranoia through constant intrusion and reducing social problems to questions of technological optimisation (1-30). In confrontation with these seemingly ubiquitous regulatory structures, cultural theory requires a critical vocabulary differentiated from computer engineering to account for the sociality that permeates through and concatenates technological realities. In his recent work on “mundane” devices, software and code, Adrian McKenzie introduces a relevant analytic approach in the concept of technological action as something that both abstracts and concretises relations in a diffusion of collective-individual forces. Drawing on the thought of French philosopher Gilbert Simondon, he uses the term “transduction” to identify a key characteristic of technology in the relational process of becoming, or ontogenesis. This is described as bringing together disparate things into composites of relations that evolve and propagate a structure throughout a domain, or “overflow existing modalities of perception and movement on many scales” (“Impersonal and Personal Forces in Technological Action” 201). Most importantly, these innovative diffusions or contagions occur by bridging states of difference or incompatibilities. Technological action, therefore, arises from a particular type of disjunctive relation between an entity and something external to itself: “in making this relation, technical action changes not only the ensemble, but also the form of life of its agent. Abstraction comes into being and begins to subsume or reconfigure existing relations between the inside and outside” (203). Here, reciprocal interactions between two states or dimensions actualise disparate potentials through metastability: an equilibrium that proliferates, unfolds, and drives individuation. While drawing on cybernetics and dealing with specific technological platforms, McKenzie’s work can be extended to describe the significance of informational devices throughout control societies as a whole, particularly as a predictive and future-orientated force that thrives on staged conflicts. Moreover, being a non-deterministic technical theory, it additionally speaks to new tendencies in regimes of production that harness cognition and cooperation through specially designed infrastructures to enact persistent innovation without any end-point, final goal or natural target (Thrift 283-295). Here, the interface between intellectual property and reproduction can be seen as a site of variation that weaves together disparate objects and entities by imbrication in social life itself. These are specific acts of interference that propel relations toward unforeseen conclusions by drawing on memories, attention spans, material-technical traits, and so on. The focus lies on performance, context, and design “as a continual process of tuning arrived at by distributed aspiration” (Thrift 295). This later point is demonstrated in recent scholarly treatments of filesharing networks as media ecologies. Kate Crawford, for instance, describes the movement of P2P as processual or adaptive, comparable to technological action, marked by key transitions from partially decentralised architectures such as Napster, to the fully distributed systems of Gnutella and seeded swarm-based networks like BitTorrent (30-39). Each of these technologies can be understood as a response to various legal incursions, producing radically dissimilar socio-technological dynamics and emergent trends for how agency is modulated by informational exchanges. Indeed, even these aberrant formations are characterised by modes of commodification that continually spillover and feedback on themselves, repositioning markets and commodities in doing so, from MP3s to iPods, P2P to broadband subscription rates. However, one key limitation of this ontological approach is apparent when dealing with the sheer scale of activity involved, where mass participation elicits certain degrees of obscurity and relative safety in numbers. This represents an obvious problem for analysis, as dynamics can easily be identified in the broadest conceptual sense, without any understanding of the specific contexts of usage, political impacts, and economic effects for participants in their everyday consumptive habits. Large-scale distributed ensembles are “problematic” in their technological constitution, as a result. They are sites of expansive overflow that provoke an equivalent individuation of thought, as the Recording Industry Association of America observes on their educational website: “because of the nature of the theft, the damage is not always easy to calculate but not hard to envision” (“Piracy”). The politics of the filesharing debate, in this sense, depends on the command of imaginaries; that is, being able to conceptualise an overarching structural consistency to a persistent and adaptive ecology. As a mode of tactical intervention, Amazon Noir dramatises these ambiguities by framing technological action through the fictional sensibilities of narrative genre. Ambiguity, Control The extensive use of imagery and iconography from “noir” can be understood as an explicit reference to the increasing criminalisation of copyright violation through digital technologies. However, the term also refers to the indistinct or uncertain effects produced by this tactical intervention: who are the “bad guys” or the “good guys”? Are positions like ‘good’ and ‘evil’ (something like freedom or tyranny) so easily identified and distinguished? As Paolo Cirio explains, this political disposition is deliberately kept obscure in the project: “it’s a representation of the actual ambiguity about copyright issues, where every case seems to lack a moral or ethical basis” (“Amazon Noir Interview”). While user communications made available on the site clearly identify culprits (describing the project as jeopardising arts funding, as both irresponsible and arrogant), the self-description of the artists as political “failures” highlights the uncertainty regarding the project’s qualities as a force of long-term social renewal: Lizvlx from Ubermorgen.com had daily shootouts with the global mass-media, Cirio continuously pushed the boundaries of copyright (books are just pixels on a screen or just ink on paper), Ludovico and Bernhard resisted kickback-bribes from powerful Amazon.com until they finally gave in and sold the technology for an undisclosed sum to Amazon. Betrayal, blasphemy and pessimism finally split the gang of bad guys. (“Press Release”) Here, the adaptive and flexible qualities of informatic commodities and computational systems of distribution are knowingly posited as critical limits; in a certain sense, the project fails technologically in order to succeed conceptually. From a cynical perspective, this might be interpreted as guaranteeing authenticity by insisting on the useless or non-instrumental quality of art. However, through this process, Amazon Noir illustrates how forces confined as exterior to control (virality, piracy, noncommunication) regularly operate as points of distinction to generate change and innovation. Just as hackers are legitimately employed to challenge the durability of network exchanges, malfunctions are relied upon as potential sources of future information. Indeed, the notion of demonstrating ‘autonomy’ by illustrating the shortcomings of software is entirely consistent with the logic of control as a modulating organisational diagram. These so-called “circuit breakers” are positioned as points of bifurcation that open up new systems and encompass a more general “abstract machine” or tendency governing contemporary capitalism (Parikka 300). As a consequence, the ambiguities of Amazon Noir emerge not just from the contrary articulation of intellectual property and digital technology, but additionally through the concept of thinking “resistance” simultaneously with regimes of control. This tension is apparent in Galloway’s analysis of the cybernetic machines that are synonymous with the operation of Deleuzian control societies – i.e. “computerised information management” – where tactical media are posited as potential modes of contestation against the tyranny of code, “able to exploit flaws in protocological and proprietary command and control, not to destroy technology, but to sculpt protocol and make it better suited to people’s real desires” (176). While pushing a system into a state of hypertrophy to reform digital architectures might represent a possible technique that produces a space through which to imagine something like “our” freedom, it still leaves unexamined the desire for reformation itself as nurtured by and produced through the coupling of cybernetics, information theory, and distributed networking. This draws into focus the significance of McKenzie’s Simondon-inspired cybernetic perspective on socio-technological ensembles as being always-already predetermined by and driven through asymmetries or difference. As Chun observes, consequently, there is no paradox between resistance and capture since “control and freedom are not opposites, but different sides of the same coin: just as discipline served as a grid on which liberty was established, control is the matrix that enables freedom as openness” (71). Why “openness” should be so readily equated with a state of being free represents a major unexamined presumption of digital culture, and leads to the associated predicament of attempting to think of how this freedom has become something one cannot not desire. If Amazon Noir has political currency in this context, however, it emerges from a capacity to recognise how informational networks channel desire, memories, and imaginative visions rather than just cultivated antagonisms and counterintuitive economics. As a final point, it is worth observing that the project was initiated without publicity until the settlement with Amazon.com. There is, as a consequence, nothing to suggest that this subversive “event” might have actually occurred, a feeling heightened by the abstractions of software entities. To the extent that we believe in “the big book heist,” that such an act is even possible, is a gauge through which the paranoia of control societies is illuminated as a longing or desire for autonomy. As Hakim Bey observes in his conceptualisation of “pirate utopias,” such fleeting encounters with the imaginaries of freedom flow back into the experience of the everyday as political instantiations of utopian hope. Amazon Noir, with all its underlying ethical ambiguities, presents us with a challenge to rethink these affective investments by considering our profound weaknesses to master the complexities and constant intrusions of control. It provides an opportunity to conceive of a future that begins with limits and limitations as immanently central, even foundational, to our deep interconnection with socio-technological ensembles. References “Amazon Noir – The Big Book Crime.” http://www.amazon-noir.com/>. Bey, Hakim. T.A.Z.: The Temporary Autonomous Zone, Ontological Anarchy, Poetic Terrorism. New York: Autonomedia, 1991. Chun, Wendy Hui Kyong. Control and Freedom: Power and Paranoia in the Age of Fibre Optics. Cambridge, MA: MIT Press, 2006. Crawford, Kate. “Adaptation: Tracking the Ecologies of Music and Peer-to-Peer Networks.” Media International Australia 114 (2005): 30-39. Cubitt, Sean. “Distribution and Media Flows.” Cultural Politics 1.2 (2005): 193-214. Deleuze, Gilles. Foucault. Trans. Seán Hand. Minneapolis: U of Minnesota P, 1986. ———. “Control and Becoming.” Negotiations 1972-1990. Trans. Martin Joughin. New York: Columbia UP, 1995. 169-176. ———. “Postscript on the Societies of Control.” Negotiations 1972-1990. Trans. Martin Joughin. New York: Columbia UP, 1995. 177-182. Eriksson, Magnus, and Rasmus Fleische. “Copies and Context in the Age of Cultural Abundance.” Online posting. 5 June 2007. Nettime 25 Aug 2007. Galloway, Alexander. Protocol: How Control Exists after Decentralization. Cambridge, MA: MIT Press, 2004. Hardt, Michael, and Antonio Negri. Multitude: War and Democracy in the Age of Empire. New York: Penguin Press, 2004. Harold, Christine. OurSpace: Resisting the Corporate Control of Culture. Minneapolis: U of Minnesota P, 2007. Lessig, Lawrence. Code and Other Laws of Cyberspace. New York: Basic Books, 1999. McKenzie, Adrian. Cutting Code: Software and Sociality. New York: Peter Lang, 2006. ———. “The Strange Meshing of Impersonal and Personal Forces in Technological Action.” Culture, Theory and Critique 47.2 (2006): 197-212. Parikka, Jussi. “Contagion and Repetition: On the Viral Logic of Network Culture.” Ephemera: Theory & Politics in Organization 7.2 (2007): 287-308. “Piracy Online.” Recording Industry Association of America. 28 Aug 2007. http://www.riaa.com/physicalpiracy.php>. Sundaram, Ravi. “Recycling Modernity: Pirate Electronic Cultures in India.” Sarai Reader 2001: The Public Domain. Delhi, Sarai Media Lab, 2001. 93-99. http://www.sarai.net>. Terranova, Tiziana. “Communication beyond Meaning: On the Cultural Politics of Information.” Social Text 22.3 (2004): 51-73. ———. “Of Sense and Sensibility: Immaterial Labour in Open Systems.” DATA Browser 03 – Curating Immateriality: The Work of the Curator in the Age of Network Systems. Ed. Joasia Krysa. New York: Autonomedia, 2006. 27-38. Thrift, Nigel. “Re-inventing Invention: New Tendencies in Capitalist Commodification.” Economy and Society 35.2 (2006): 279-306. Citation reference for this article MLA Style Dieter, Michael. "Amazon Noir: Piracy, Distribution, Control." M/C Journal 10.5 (2007). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0710/07-dieter.php>. APA Style Dieter, M. (Oct. 2007) "Amazon Noir: Piracy, Distribution, Control," M/C Journal, 10(5). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0710/07-dieter.php>.

In the 1980s, an extremely successful Nescafé Gold Blend coffee advertising campaign dared to posit, albeit subliminally, that a love relationship was inextricably linked to coffee. Over several years, an on-again off-again love affair appeared to unfold onscreen; its ups and downs narrated over shared cups of coffee. Although the association between the relationship and Gold Blend was loose at best, no direct link was required (O’Donohoe 62). The campaign’s success was its reprisal of the cultural myth prevalent in the West that coffee and love, coffee and relationships, indeed coffee and intimacy, are companionate items. And, the more stable lover, it would seem, is available on the supermarket shelf. Meeting for coffee, inviting a potential lover in for a late-night cup of coffee, or scheduling a business meeting in an espresso bar are clichés that refer to coffee consumption but have little to do with the actual product. After all, many a tea-drinker will invite friends or acquaintances “for coffee.” This is neatly acknowledged in a short romantic scene in the lauded feature film Good Will Hunting (1997) in which a potential lover’s suggestion of meeting for coffee is responded to smartly by the “genius” protagonist Will, “Maybe we could just get together and eat a bunch of caramels. [...] When you think about it, it’s just as arbitrary as drinking coffee.” It was a date, regardless. Many in the coffee industry will argue that coffee—rather than tea, or caramel—is legendary for its intrinsic capacity to foster and ignite new relationships and ideas. Coffee houses are repeatedly cited as the heady location for the beginnings of institutions from major insurance business Lloyd’s of London to the Boston Tea Party, J.K. Rowling’s Harry Potter series of novels, and even Western Australian indie band Eskimo Joe. This narrative images the coffee house and café as a setting that supports ingenuity, success, and passion. It is tempting to suggest that something intrinsic in coffee renders it a Western social lubricant, economic powerhouse, and, perhaps, spiritual prosthesis. This paper will, however, argue that the social and cultural production of “coffee” cannot be dissociated from feeling. Feelings of care, love, inspiration, and desire constellate around “coffee” in a discourse of warm, fuzzy affect. I suggest that this blooming of affect is not superfluous but, instead, central to the way in which coffee is produced, represented and consumed in Western mass culture. By exploring the currently fashionable practice of “direct trade” between roasters and coffee growers as represented on the Websites of select Western roasting companies, the repetition of this discourse is abundantly clear. Here, the good feelings associated with cross-cultural friendship are figured as the condition and reward for the production of high quality coffee beans. Money, it seems, does not buy happiness—but good quality coffee can. Good (Colonial) Feelings Before exploring the discursive representation of friendship and good feeling among the global coffee community with regard to direct trade, it is important to account for the importance of feeling as a narrative strategy with political affects and effects. In her discussion of “happy objects,” cultural theorist of emotion Sara Ahmed argues that specific objects are associated with feelings of happiness. She gives the telling example of coffee as an object intimately tied with happy feeling within the family. So you make coffee for the family, and you know “just“ how much sugar to put in this cup and that. Failure to know this “just“ is often felt as a failure of care. Even if we do not experience the same objects as being pleasurable, sharing the family means sharing happy objects, both in the sense of sharing knowledge (of what makes others happy) and also in the sense of distributing the objects in the right way (Ahmed, Promise 47). This idea is derived from Ahmed’s careful consideration of affective economies. She suggests emotions neither belong to, or are manufactured by, discrete individuals. Rather, emotions are formed through social exchange. Relieved of imagining the individual as the author of affect, we can consider the ways in which affect circulates as a product in a broad, vitalising economy of feeling (Ahmed, Affective 121). In the example above, feelings of care and intimacy attached to coffee-making produce the happy family, or more precisely, the fleeting instant of the family-as-happy. The condition of this good feeling is not attributable to the coffee as product nor the family as fundamentally happy but rather the rippling of happy feeling through sharing of the object deemed happy. A little too much sugar and happiness is thwarted, affect wanes; the coffee is now bad(-feeling). If we return briefly to the Nescafé Gold Blend campaign and, indeed, Good Will Hunting, we can postulate following Ahmed that the coffee functions as a love object. Proximity to coffee is identified by its apparent causation of love-effects. In this sense, “doing coffee” means making a fleeting cultural space for feeling love, or feeling good. But what happens when we turn from the good feeling of consumption to the complex question of coffee production and trade? How might good feeling attach to the process of procuring coffee beans? In this case, the way in which good feeling seems to “stick to” coffee in mass culture needs to be augmented with consideration of its status as a global commodity traded across sociopolitical, economic, cultural and national borders. Links between coffee and colonialism are long established. From the Dutch East India Company to the feverish enthusiasm to purchase mass plantations by multinational corporations, coffee, colonialism and practices of slavery and indentured labour are intertwined (Lyons 18-19). As a globally traded commodity across a range of political regimes and national borders, tracing the postcolonial and neocolonial relations between multinational companies, small upscale boutique roasters, plantation owners, coffee bean co-ops, regulatory bodies, and workers is complex at best. In what may appear a tangential approach, it is nonetheless instructive to consider that colonial relations are constituted through affective components that support and fuel economic and political exchange (Stoler, Haunted). Again, Ahmed offers a useful context for the relationship between the imperative toward happiness and colonial representation. The civilizing mission can be redescribed as a happiness mission. For happiness to become a mission, the colonized other must be first deemed unhappy. The imperial archive can be described as an archive of unhappiness. Colonial knowledges constitute the other as not only an object of knowledge, a truth to be discovered, but as being unhappy, as lacking the qualities or attributes required for a happier state of existence (Ahmed, Promise 125). The colonising aspect of the relations Ahmed describes includes the “mission” to construct Others as unhappy. Understood as happiness detractors, colonial Others become objects that threaten the radiant appeal of happiness as part of an imperial moral economy. Hence, it is the happiness of the colonisers that is secured through the disavowal of the feelings of Others. Moreover, by documenting colonial unhappiness, colonising forces justify the sanctity of happiness-making through violence. As Ann Stoler affirms, “Colonial states had a strong interest in affective knowledge and a sophisticated understanding of affective politics” (Carnal 142). Colonising discourses, then, are inextricably linked to regimes of sense and feeling. Stoler also writes that European-ness was established through cultivation of an inner sense of self-worth associated with ethics, individuality and autonomy (Haunted 157). The development of a sense of belonging to Europe was hence executed through feeling good in both moral and affective senses of the word. Although Stoler argues her case in terms of the affective politics of colonial sexualities and desire, her work is highly instructive for its argument that emotion is crucial to structures of power in colonial regimes. Bringing Stoler’s work into closer proximity with Ahmed’s postulation of State happiness and its objects, I am now going to suggest that coffee is a palimpsestic cultural site at which to explore the ways in which the politics of good feeling obscure discomforting and complex questions of power, exploitation, and disadvantage in global economies of coffee production and consumption. Direct Trade In the so-called “third wave” specialty coffee market that is enjoying robust growth in Australia, America, and Europe, “direct trade” across the globe between roasters and plantation owners is consistently represented as friendly and intimate despite vast distances and cultural difference. The “third wave” is a descriptor that, as John Manzo describes in his sociological exploration of coffee connoisseurship in privileged Western online and urban fora, refers to coffee enthusiasts interested in brewing devices beyond high-end espresso machines such as the cold drip, siphon, or pour-over. Jillian Adams writes further that third wavers: Appreciate the flavour nuances of single estate coffee; that is coffee that is sourced from single estates, farms, or villages in coffee growing regions. When processed carefully, it will have a distinctive flavour and taste profile that reflects the region and the culture of the coffee production (2). This focus on single estate or “single origin” coffee refers to beans procured from sections of estates and plantations called micro-lots, which are harvested and processed in a controlled manner.The third wave trend toward single origin coffees coincides with the advent of direct trade. Direct trade refers to the growing practice of bypassing “middlemen” to source coffee beans from plantations without appeal to or restriction by regulatory bodies. Rather, as I will show below, relationships and partnerships between growers and importers are imagined as sites of goodwill and good feeling. This focus on interpersonal relationships and friendships cannot be disarticulated from the broader cross-cultural context at stake. The relationships associated with direct trade invariably take place across borders that are also marked by economic, cultural and political differences in which privileged Western buyers engage with non-Western growers on low incomes. Drawing from Ahmed’s concern that the politics of good feeling is tied to colonial nostalgia, it is compelling to suggest that direct trade is haunted by discourses of colonisation. At this point of intersection, I suggest that Western mass cultural associations of coffee with ease, intimacy and pure intentions invite consumers to join a neocolonial saga through partaking in imagined communities of global coffee friends. Particularly popular in Australia and America, direct trade is espoused by key third wave coffee roasters in Melbourne, Portland and Seattle. Melbourne Coffee Merchants are perhaps the most well-known importers of directly traded green bean in Australia. On their Web page they describe the importance of sharing good feelings about high quality coffee: “We aim to share, educate, and inspire, and get people as excited about quality coffee as we are.” A further page describing the Merchants’s mission explains, “Growers are treated as partners in the mission to get the worlds [sic] finest beans into the hands of discerning customers.” The quality of excitement that circulates through the procuring of green beans is related to the deemed partnership between Merchants and the growers. That is, it is not the fact of the apparent partnership or its banality that is important, but the treating of growers as partners that signifies Merchants’s mission to generate good feeling. This is a slight but crucial distinction. Treating the growers as partners participates in an affective economy of excitement and inspiration—how the growers feel is, presumably, in want of such partnership.Not dissimilarly, Five Senses Coffee, boutique roasters in Melbourne and Perth, offer an emotional bonus with the purchase of directly traded coffees. “So go on, select one of our Direct Trade products and bask in the warm glow you get knowing that the farmer who grew the beans that you’re enjoying is reaping the rewards too!” The rewards that the growers are deemed to be receiving are briefly explained in blog posts on the Five Senses news Web page. I am not suggesting that these friendships and projects are not legitimate. Rather, the willingness of Five Senses to negotiate rates with growers and provide the community with an English teacher, for example, fuels an economy of Westerners’s good feelings and implies conventional trading produces unhappiness. This obscures grounds for concern that the provision of an English teacher might indeed serve the interests of colonising discourses. Perhaps a useful entry point into this narrative form is founded in the recently self-published book Coffee Trails by Toby Smith, founder of boutique Australian roaster Toby’s Estate. The book is described on the Toby’s Estate Web page as follows:Filled with personal anecdotes and illustrating his relationships developed over years of visiting the farmers to source his coffee beans, Smith’s commentary of his travels, including a brush with Jamaican customs officials and a trip to a notoriously dangerous Ethiopian market, paints an authentic picture of the colourful countries that produce the second most traded product in the world. [...] Coffee Trails has been Smith’s labour of love over the past two years and the end product is a wonderfully personal account of a man fulfilling his lifelong dream and following his passion across the world. Again, the language of “passion” and “love” registers direct trade coffee as a happy object. Furthermore, despite the fact that coffee is also grown in Australia, the countries that are most vivid in the epic imagination are those associated with “exotic” locations such as Ethiopia and Jamaica. This is arguably registered through the sense that these locations were where Smith encountered danger. Having embarked on a version of the quintessential hero’s journey, Smith can be seen as devoted to, and inspired by, his love-object. His brushes with uncivilised authorities and locations carry the undertones of a colonial imaginary, in which it can be argued Smith’s Western-ness is established and secured as goodwill-invoking. After all, he locates and develops relationships with farmers and buys their coffee which, following the logic of happy objects, disperses and shares good feelings.Gloria Jean’s Coffees, which occupies a similar market position in Australia to the multinational “specialty” coffee company Starbucks (Lyons), also participates in the dispersal of coffee as a happy object despite its mass scale of production and lack of direct trade capability (not unexpectedly, Starbucks hosts a Relationships campaign aimed at supporting humanitarian initiatives and communities). Gloria Jean’s campaign With Heart allocates resources to humanitarian activities in local Australian communities and worldwide in coffee-growing regions. Their Web page states: “With Heart is woven throughout Gloria Jeans Coffee houses and operations by the active participation of Franchise Partners, support office and team members and championed across Australia, by our With Heart Ambassadors.“ The associative message is clear: Gloria Jean’s Coffees is a company indissociable from “heart,” or perhaps loving care, for community.By purchasing coffee, Gloria Jean’s customers can be seen to be supporting heartening community projects, and are perhaps unwittingly working as ambassadors for the affective economy in which proximity to the happy object—the heart-centred coffee company—indicates the procurement of happiness for someone, somewhere. The sale of good feeling enables specialty coffee companies such as Gloria Jean’s to bypass market opportunities associated with Fair Trade regulatory provisions, which, as Carl Obermiller et al. find in their study of Fair Trade buying patterns, also profit from consumers’ purchase of good feeling associated with ethically-produced objects. Instead, assuring consumers of its heart-centredness, Gloria Jean’s Coffees is represented as an embodiment not of fairness but kindness, and perhaps love, for others. The iconography and history of direct trade coffee is most closely linked to Intelligentsia Coffee of Chicago in the USA. Intelligentsia describes its third wave roasting and training business as the first to engage in direct trade in 2003. Its Web page includes an image of an airplane to which the following pop-up is linked: “Our focus is not just identifying quality coffee, but developing and rewarding it. To do this means preserving and developing strong relationships despite the considerable distance. At any given time, there is at least one Intelligentsia buyer at origin.” This text raises the question of what constitutes quality coffee. It would appear that “quality coffee” is knowledge that Intelligentsia owns, and which is rewarded financially when replicated to the satisfaction of Intelligentsia. The strength of the relationships in this interaction is closely linked to the meeting of clear conditions and expectations. Indeed, we are reassured that “at any time” an Intelligentsia buyer is applying these conditions to the product. Quality, then, is at least in part achieved by Intelligentsia through its commitment to travelling long distances to oversee the activities and practices of growers. This paternalistic structure is figured in terms of “strong relationships” rather than, perhaps, a rigorous and shrewd business model (which is assumedly the province of mass-market Others).Amid numerous examples found in even a cursory search on the Web, the overwhelming message of direct trade is of good feeling through care. Long term relationships, imagined as virtuous despite the opacity of the negotiation procedure in most cases, narrates the conviction that relationship in and of itself is a good in what might be called the colonial redramatisation staked by an affective coffee economy. Conclusion: Mourning CoffeeIn a paper on happiness, it might appear out of place to reference grief. Yet Jacques Derrida’s explication of friendship in his rousing collection The Work of Mourning is instructive. He writes that death is accommodated and acknowledged “in the undeniable anticipation of mourning that constitutes friendship” (159). Derrida maintains close attention to the productivity and intensity of Otherness in mourning. Thus, friendship is structurally dependent on impending loss, and it follows that there can be no loss without recognising the Otherness of the other, as it were. Given indifference to difference and, hence, loss, it is possible to interpret the friendships affirmed within direct trade practices as supported by a kind of mania. The exuberant dispersal of good feeling through directly traded coffee is narrated by emotional journeys to the primordial beginnings of the happy-making object. That is, fixation upon the object’s brief survival in “primitive” circumstances before its perfect demise in the cup of discerning Western clientele suggests a process of purification through colonising Western knowledges and care. If I may risk a misappropriation of Sara Ahmed’s words; so you make the trip to origin, and you know “just” what to pay for this bean and that. Failure to know this “just” is often felt as a failure of care. But, for whom?References Adams, Jillian. “Thoroughly Modern Coffee.” TEXT Rewriting the Menu: The Cultural Dynamics of Contemporary Food Choices. Eds. Adele Wessell and Donna Lee Brien. TEXT Special Issue 9 (2010). 27 Feb. 2012 ‹http://www.textjournal.com.au/speciss/issue9/content.htm›. Ahmed, Sara. “Affective Economies.” Social Text 79 22.2 (2004): 117-39 . -----. “The Politics of Good Feeling.” Australian Critical Race and Whiteness Studies Association E-Journal 5.1 (2008): 1-18. -----. The Promise of Happiness. Durham: Duke UP, 2010. Derrida, Jacques. The Work of Mourning. Eds. Pascale-Anne Brault and Michael Naas. Chicago; London: U Chicago P, 2003. Five Senses Coffee. “Coffee Affiliations.” 27 Feb. 2012 ‹http://www.fivesenses.com.au/coffee/affiliations/direct-trade›. Gloria Jean’s Coffees. “With Heart.” 27 Feb. 2012 ‹http://www.gloriajeanscoffees.com/au/Humanitarian/AboutUs.aspx›. Good Will Hunting. Dir. Gus Van Sant. Miramax, 1997. Intelligentsia Coffee. “Direct Trade.” 28 Feb. 2012 ‹http://directtradecoffee.com/›. Lyons, James. “Think Seattle, Act Globally: Specialty Coffee, Commodity Biographies and the Promotion of Place.” Cultural Studies 19.1 (2005): 14-34. Manzo, John. “Coffee, Connoisseurship, and an Ethnomethodologically-Informed Sociology of Taste.” Human Studies 33 (2010): 141-55. Melbourne Coffee Merchants. “About Us.” 27 Feb. 2012 ‹http://melbournecoffeemerchants.com.au/about.asp›. Obermiller, Carl, Chauncy Burke, Erin Tablott and Gareth P. Green. “’Taste Great or More Fulfilling’: The Effect of Brand Reputation on Consumer Social Responsibility Advertising for Fair Trade Coffee.” Corporate Reputation Review 12.2 (2009): 159-76. O’Donohoe, Stephanie. “Advertising Uses and Gratifications.” European Journal of Marketing 28.8/9 (1993): 52-75. Smith, Toby. Coffee Trails: A Social and Environment Journey with Toby’s Estate. Sydney: Toby Smith, 2011. Stoler, Ann Laura. Carnal Knowledge and Imperial Power: Race and the Intimate in Colonial Rule. California: U California P, 2002. -----. Haunted by Empire: Geographies of Intimacy in North American History. Durham: Duke UP, 2006. Toby’s Estate. “Toby Smith’s Coffee Trails.” 27 Feb 2012 ‹http://www.tobysestate.com.au/index.php/toby-smith-book-coffee-trails.html›.

Amongst the hundreds of emails that made their way to error@media-culture.org.au over the last ten months, I received the following correspondence: Failure noticeHi. This is the qmail-send program at sv01.wadax.ne.jp.I’m afraid I wasn’t able to deliver your message to the following addresses.This is a permanent error; I’ve given up. Sorry it didn’t work out.namewithheld@s.vodafone.ne.jp>:210.169.171.135 does not like recipient.Remote host said: 550 Invalid recipient:namewithheld@s.vodafone.ne.jp>Giving up on 210.169.171.135. Email of this sort marks a moment that is paradoxically odd and all too familiar in the digital exchanges of everyday life. The failure message arrives to tell me something “didn’t work out.” This message shows up in my email account looking no different from any other correspondence—only this one hails from the system itself, signalling a failure to communicate. Email from the “mailer-daemon” calls attention to both the logic of the post that governs email (a “letter” sent to an intended address at the intention of some source) and the otherwise invisible logic of informatic protocols, made visible in the system failure of a “permanent error.” In this particular instance, however, the failure notice is itself a kind of error. I never emailed namewithheld@s.vodafone.ne.jp—and by the mailer-daemon’s account, such a person does not exist. It seems that a spammer has exploited an email protocol as a way of covering his tracks: when a deliver-to path fails, the failure notice bounces to a third site. The failure notice marks the successful execution of a qmail protocol, but its arrival at our account is still a species of error. In most circumstances, error yields an invalid result. In calculation, error marks a kind of misstep that not only corrupts the end result, but all steps following the error. One error begets others. But as with the failure notice, error often marks not only the misdirections of a system, but also the system’s internal logic. The failure notice corresponds to a specific category of error—a potential error that the system must predict before it has actually occurred. While the notice signals failure (permanent error), it does so within the successful, efficient operation of a communicative system. What is at issue, then, is less a matter of whether or not error occurs than a system’s ability to handle error as it arises. Control systems attempt to close themselves off to error’s misdirections. If error signals a system failure, the “failure notice” of error foregrounds the degree to which in “societies of control” every error is a fatal error in that Baudrillardian sense—a failure that is subsumed in the operational logic of the system itself (40). Increasingly, the networks of a global marketplace require a rationalisation of processes and an introduction of informatic control systems to minimise wastage and optimise output. An informatic monoculture expresses itself through operational parameters that define communication according to principles of maximum transmission. In effect, in the growing dominance of a network society, we are witnessing the transcendence of a social and cultural system that must suppress at all costs the failure to communicate. This global communication system straddles a paradoxical moment of maximum exchange and maximum control. With growing frequency, social and commercial processes are governed by principles of quality assurance, what Lyotard defined nearly thirty years ago as a “logic of maximum performance” (xxiv). As Six Sigma standards migrate from the world of manufacturing to a wide range of institutions, we find a standard of maximum predictability and minimum error as the latest coin of the realm. Utopia is now an error-free world of 100% efficiency, accuracy, and predictability. This lure of an informatic “monoculture” reduces communication to a Maxwell’s demon for capturing transmission and excluding failure. Such a communicative system establishes a regime of signs that thrives upon the drift and flow of a network of signifiers, but that affirms its power as a system in its voracious incorporation of signs within a chain of signification (Deleuze and Guattari 111-117). Error is cast out as abject, the scapegoat “condemned as that which exceeds the signifying regime’s power of deterritorialization” (Deleuze and Guattari 117). Deleuze and Guattari describe this self-cycling apparatus of capture as “a funeral world of terror,” the terror of a black-hole regime that ultimately depends upon a return of the same and insures that everything that circulates communicates…or is cast off as abject (113). This terror marks a relation of control, one that depends upon a circulation of signs but that also insists all flows fall within its signifying regime. To speak of the “terror of information” is more than metaphorical to the extent that this forced binary (terror of signal/error of noise) imposes a kind of violence that demands a rationalisation of all singularities of expression into the functionalities of a quantifiable system. To the extent that systems of information imply systems of control, the violence of information is less metaphor than metonym, as it calls into high relief the scapegoat error—the abject remainder whose silenced line of flight marks the trajectory of the unclean. This cybernetic logic of maximum performance demands that error is either contained within the predictable deviations of a system’s performance, or nullified as outlying and asignifying. Statistics tells us that we are best off ignoring the outlier. This logic of the normal suggests that something very risky occurs when an event or an instance falls outside the scope of predicable variance. In the ascendancy of information, error, deviance, and outlying results cast a long shadow. In Norbert Wiener’s account of informatic entropy, this drift from systematic control marked a form of evil—not a Manichean evil of bad actors, but rather an Augustinian evil: a falling away from the perfection of order (34-36). Information utopia banishes error as a kind of evil—an aberration that is decidedly off the path of order and control. This cybernetic logic functions at all levels, from social systems theory to molecular biology. Our diseases are now described as errors in coding, transcription, or transmission—genetic anomalies, cancerous loop scripts, and neurochemical noise. Mutation figures as an error in reproduction—a straying from faithful replication and a falling away from the Good of order and control. But we should keep in mind that when we speak of “evil” in the context of this cybernetic logic, that evil takes on a specific form. It is the evil of the errant. Or to put it another way: it is the evil of the Sesame Street Muppet, Bert. In 2001, a U.S. high school student named Dino Ignacio created a graphic of the Muppet, Bert, with Osama bin Laden—part of his humorous Website project, “Bert is Evil.” A Pakistani-based publisher scanning the Web for images of bin Laden came across Ignacio’s image and, apparently not recognising the Sesame Street character, incorporated it into a series of anti-American posters. According to Henry Jenkins’s account of the events, in the weeks that followed, “CNN reporters recorded the unlikely sight of a mob of angry protestors marching through the streets chanting anti-American slogans and waving signs depicting Bert and bin Laden” (1-2). As the story of the Bert-sighting spread, new “Bert is evil” Websites sprang up, and Ignacio found himself the unwitting centre of a full-blown Internet phenomenon. Jenkins finds in this story a fascinating example of what he calls convergence culture, the blurring of the line between consumer and producer (3). From a somewhat different critical perspective, Mark Poster reads this moment of misappropriation and misreading as emblematic of global networked culture, in which “as never before, we must begin to interpret culture as multiple cacophonies of inscribed meanings as each cultural object moves across cultural differences” (11). But there is another moral to this story as well, to the extent that the convergence and cacophony described here occur in a moment of error, an errant slippage in which signification escapes its own regime of signs. The informatic (Augustinian) evil of Bert the Muppet showing up at an anti-American rally in Pakistan marks an event-scene in which an “error” not only signifies, but in its cognitive resonance, begins to amplify and replicate. At such moments, the “failure notice” of error signals a creative potential in its own right—a communicative context that escapes systemic control. The error of “evil Bert” introduces noise into this communicative system. It is abject information that marks an aberration within an otherwise orderly system of communication, an error of sorts marking an errant line of flight. But in contrast to the trance-like lure of 100% efficiency and maximum performance, is there not something seductive in these instances of error, as it draws us off our path of intention, leading us astray, pulling us toward the unintended and unforeseen? In its breach of predictable variance, error gives expression to the erratic. As such, “noise” marks a species of error (abject information) that, by failing to signify within a system, simultaneously marks an opening, a poiesis. This asignifying poetics of “noise,” marked by these moments of errant information, simultaneously refuses and exceeds the cybernetic imperative to communicate. This poetics of noise is somewhat reminiscent of Umberto Eco’s discussion of Claude Shannon’s information theory in The Open Work. For Shannon, the gap between signal and selection marks a space of “equivocation,” what Warren Weaver calls “an undesirable … uncertainty about what the message was” (Shannon and Weaver 21). Eco is intrigued by Shannon’s insight that communication is always haunted by equivocation, the uncertainty that the message received was the signal sent (57-58). Roland Barthes also picks up on this idea in S/Z, as N. Katherine Hayles notes in her discussion of information theory and post-structuralism (46). For these writers, equivocation suggests a creative potential in entropy, in that noise is, in Weaver’s words, “spurious information” (Shannon and Weaver 19). Eco elaborates on Shannon and Weaver’s information theory by distinguishing between actual communication (the message sent) and its virtuality (the possible messages received). Eco argues, in effect, that communication reduces information in its desire to actualise signal at the expense of noise. In contrast, poetics generates information by sustaining the equivocation of the text (66-68). It is in this tension between capture and escape marked by the scapegoats of error and noise that I find a potential for a contemporary poetics within a global network society. Error reveals the degree to which everyday life plays itself out within this space of equivocation. As Stuart Moulthrop addressed nearly ten years ago, our frequent encounters with “Error 404” on the Web calls attention to “the importance of not-finding”: that error marks a path in its own right, and not merely a misstep. Without question, this poetics of noise runs contrary to a dominant, cybernetic ideology of efficiency and control. By paying attention to drift and lines of flight, such erratic behaviour finds little favour in a world increasingly defined by protocol and predictable results. But note how in its attempt to capture error within its regime of signs, the logic of maximum performance is not above recuperating the Augustinian evil of error as a form of “fortunate fall.” Even in the Six Sigma world of 100% efficiency, does not corporate R & D mythologise the creative moment that allows error to turn a profit? Post-It Notes® and Silly Putty® present two classic instances in which happenstance, mistake, and error mark a moment in which “thinking outside of the box” saves the day. Error marks a kind of deviation from—and within—this system: a “failure” that at the same time marks a potential, a virtuality. Error calls attention to its etymological roots, a going astray, a wandering from intended destinations. Error, as errant heading, suggests ways in which failure, mutation, spurious information, and unintended results provide creative openings and lines of flight that allow for a reconceptualisation of what can (or cannot) be realised within social and cultural forms. While noise marks a rupture of signification, it also operates within the framework of a cybernetic imperative that constantly attempts to capture the flows that threaten to escape its operational parameters. As networks become increasingly social, this logic of rationalisation and abstraction serves as a dialectical enclosure for an information-based culture industry. But error also suggests a strategy of misdirection, getting a result back other than what one expected, and in doing so turns the cybernetic imperative against itself. “Google-bombing,” for example, creates an informatic structure that plays off of the creative potential of equivocation. Here, error of a Manichean sort introduces noise into an information system to produce unexpected results. Until recently, typing the word “failure” into the search engine Google produced as a top response George Bush’s Webpage at www.whitehouse.gov. By building Webpages in which the text “failure” links to the U.S. President’s page, users “hack” Google’s search algorithm to produce an errant heading. The cybernetic imperative is turned against itself; this strategy of misdirection enacts a “fatal error” that evokes the logic of a system to create an opening for poeisis, play, and the unintended. Information networks, no longer secondary to higher order social and cultural formations, now define the function and logic of social space itself. This culture of circulation creates equivalences by way of a common currency of “information,” such that “viral” distribution defines a social event in its own right, regardless of the content of transmission. While a decade earlier theorists speculated on the emergence of a collective intelligence via global networks, the culture of circulation that has developed online would seem to indicate that “emergence” and circulation are self-justifying events. In the moment of equivocation—not so much beyond good and evil, but rather in the spaces between signal and noise—slippage, error, and misdirection suggest a moment of opening in contrast to the black hole closures of the cybernetic imperative. The violence of an informatic monoculture expresses itself in this moment of insistence that whatever circulates signifies, and that which cannot communicate must be silenced. In such an environment, we would do well to examine these failures to communicate, as well as the ways in which error and noise seduce us off course. In contrast to the terror of an eternal return of the actual, a poetics of noise suggests a virtuality of the network, an opening of the possible in an increasingly networked society. The articles in this issue of M/C Journal approach error from a range of critical and social perspectives. Essays address the ways in which error marks both a misstep and an opening. Throughout this issue, the authors address error as both abject and privileged instance in a society increasingly defined by information networks and systems of control. In our feature article, “Revealing Errors,” Benjamin Mako Hill explores how media theorists would benefit from closer attention to errors as “under-appreciated and under-utilised in their ability to reveal technology around us.” By allowing errors to communicate, he argues, we gain a perspective that makes invisible technologies all the more visible. As such, error provides a productive moment for both interpretive and critical interventions. Two essays in this issue look at the place of error and noise within the work of art. Rather than foregrounding a concept of “medium” that emphasises clear, unimpeded transmission, these authors explore the ways in which the errant and unintended provide for a productive aesthetic in its own right. Using Shannon’s information theory, and in particular his concept of equivocation, Su Ballard’s essay, “Information, Noise, and et al.’s ‘maintenance of social solidarity-instance 5,” explores the productive error of noise in the digital installation art of a New Zealand artists’ collective. Rather than carefully controlling the viewer’s experience, et al.’s installation places the viewer within a field of equivocation, in effect encouraging misreadings and unintended insertions. In a similar vein, Tim Barker’s essay, “Error, the Unforeseen, and the Emergent: The Error of Interactive Media Art” examines the productive error of digital art, both as an expression of artistic intent and as an emergent expression within the digital medium. This “glitch aesthetic” foregrounds the errant and uncontrollable in any work of art. In doing so, Barker argues, error also serves as a measure of the virtual—a field of potential that gestures toward the “unforeseen.” The virtuality of error provides a framework of sorts for two additional essays that, while separated considerably in subject matter, share similar theoretical concerns. Taking up the concept of an asignifying poetics of noise, Christopher Grant Ward’s essay, “Stock Images, Filler Content, and the Ambiguous Corporate Message” explores how the stock image industry presents a kind of culture of noise in its attempt to encourage equivocation rather than control semiotic signal. By producing images that are more virtual than actual, visual filler provides an all-too-familiar instance of equivocation as a field of potential and a Derridean citation of undecidibility. Adi Kuntsman takes a similar theoretic tack in “‘Error: No Such Entry’: Haunted Ethnographies of Online Archives.” Using a database retrieval error message, “no such entry,” Kuntsman reflects upon her ethnographic study of an online community of Russian-Israeli queer immigrants. Error messages, she argues, serve as informatic “hauntings”—erasures that speak of an online community’s complex relation to the construction and archiving of a collective history. In the case of a database retrieval error—as in the mailer-daemon’s notice of the “550” error—the failure of an address to respond to its hailing calls attention to a gap between query and expected response. This slippage in control is, as discussed above, and instance of an Augustinian error. But what of the Manichean—the intentional engagement in strategies of misdirection? In Kimberly Gregson’s “Bad Avatar! Griefing in Virtual Worlds,” she provides a taxonomy of aberrant behaviour in online gaming, in which players distort or subvert orderly play through acts that violate protocol. From the perspective of many a gamer, griefing serves no purpose other than annoyance, since it exploits the rules of play to disrupt play itself. Yet in “Amazon Noir: Piracy, Distribution, Control,” Michael Dieter calls attention to “how the forces confined as exterior to control (virality, piracy, noncommunication) regularly operate as points of distinction to generate change and innovation.” The Amazon Noir project exploited vulnerabilities in Amazon.com’s Search Inside!™ feature to redistribute thousands of electronic texts for free through peer-to-peer networks. Dieter demonstrates how this “tactical media performance” challenged a cybernetic system of control by opening it up to new and ambiguous creative processes. Two of this issue’s pieces explore a specific error at the nexus of media and culture, and in keeping with Hill’s concept of “revealing errors,” use this “glitch” to lay bare dominant ideologies of media use. In her essay, “Artificial Intelligence: Media Illiteracy and the SonicJihad Debacle in Congress,” Elizabeth Losh focuses on a highly public misreading of a Battlefield 2 fan video by experts from the Science Applications International Corporation in their testimony before Congress on digital terrorism. Losh argues that Congress’s willingness to give audience to this misreading is a revealing error in its own right, as it calls attention to the anxiety of experts and power brokers over the control and distribution of information. In a similar vein, in Yasmin Ibrahim’s essay, “The Emergence of Audience as Victims: The Issue of Trust in an Era of Phone Scandals,” explores the revealing error of interactive television gone wrong. Through an examination of recent BBC phone-in scandals, Ibrahim explores how failures—both technical and ethical—challenge an increasingly interactive audience’s sense of trust in the “reality” of mass media. Our final essay takes up the theme of mutation as genetic error. Martin Mantle’s essay, “‘Have You Tried Not Being a Mutant?’: Genetic Mutation and the Acquisition of Extra-ordinary Ability,” explores “normal” and “deviant” bodies as depicted in recent Hollywood retellings of comic book superhero tales. Error, he argues, while signalling the birth of superheroic abilities, marks a site of genetic anxiety in an informatic culture. Mutation as “error” marks the body as scapegoat, signalling all that exceeds normative control. In each of these essays, error, noise, deviation, and failure provide a context for analysis. In suggesting the potential for alternate, unintended outcomes, error marks a systematic misgiving of sorts—a creative potential with unpredictable consequences. As such, error—when given its space—provides an opening for artistic and critical interventions. References “Art Fry, Inventor of Post-It® Notes: ‘One Man’s Mistake is Another’s Inspiration.” InventHelp. 2004. 14 Oct. 2007 http://www.inventhelp.com/articles-for-inventors-art-fry.asp>. Barthes, Roland. S/Z. Trans. Richard Miller. New York: Hill and Wang, 1974. Baudrillard, Jean. The Transparency of Evil. Trans. James Benedict. New York: Verso, 1993. Deleuze, Gilles. “Postscript on the Societies of Control.” October 59 (Winter 1992): 3-7. Deleuze, Gilles, and Felix Guattari. A Thousand Plateaus. Trans. Brian Massumi. Minneapolis: U Minnesota P, 1987. Eco, Umberto. The Open Work. Cambridge: Harvard UP, 1989. “Googlebombing ‘Failure.’” Official Google Blog. 16 Sep. 2005. 14 Oct. 2007 http://googleblog.blogspot.com/2005/09/googlebombing-failure.html>. Hayles, N. Katherine. How We Became Posthuman. Chicago: U Chicago P, 1999. Jenkins, Henry. Convergence Culture. New York: NYU Press, 2006. Lyotard, Jean-Francois. The Postmodern Condition. Trans. Geoffrey Bennington and Brian Massumi. Minneapolis: Minnesota UP, 1984. Moulthrop, Stuart. “Error 404: Doubting the Web.” 2000. 14 Oct. 2007 http://iat.ubalt.edu/moulthrop/essays/404.html>. Poster, Mark. Information Please. Durham, NC: Duke UP, 2006. Shannon, Claude, and Warren Weaver. The Mathematical Theory of Communication. Urbana: U Illinois P, 1949. “Silly Putty®.” Inventor of the Week. 3 Mar. 2003. 14 Oct. 2007 http://web.mit.edu/Invent/iow/sillyputty.html>. Wiener, Norbert. The Human Use of Human Beings. Cambridge, MA: Da Capo, 1988. Citation reference for this article MLA Style Nunes, Mark. "Failure Notice." M/C Journal 10.5 (2007). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0710/00-editorial.php>. APA Style Nunes, M. (Oct. 2007) "Failure Notice," M/C Journal, 10(5). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0710/00-editorial.php>.

Historians have often been compared with detectives; searching for clues as evidence of a mystery they are seeking to solve. I would prefer an association with food, making history like a trained cook who blends particular ingredients, some fresh, some traditional, using specific methods to create an object that is consumed. There are primary sources, fresh and raw ingredients that you often have to go to great lengths to procure, and secondary sources, prepared initially by someone else. The same recipe may yield different meals, the same meal may provoke different responses. On a continuum of approaches to history and food, there are those who approach both as a scientific endeavour and, at the other end of the spectrum, those who make history and food as art. Brought together, it is possible to see cookbooks as history in at least two important ways; they give meaning to the past by representing culinary heritage and they are in themselves sources of history as documents and blueprints for experiences that can be interpreted to represent the past. Many people read cookbooks and histories with no intention of preparing the meal or becoming a historian. I do a little of both. I enjoy reading history and cookbooks for pleasure but, as a historian, I also read them interchangeably; histories to understand cookbooks and cookbooks to find out more about the past. History and the past are different of course, despite their use in the English language. It is not possible to relive the past, we can only interpret it through the traces that remain. Even if a reader had an exact recipe and an antique stove, vegetables grown from heritage seeds in similar conditions, eggs and grains from the same region and employed the techniques his or her grandparents used, they could not replicate their experience of a meal. Undertaking those activities though would give a reader a sense of that experience. Active examination of the past is possible through the processes of research and writing, but it will always be an interpretation and not a reproduction of the past itself. Nevertheless, like other histories, cookbooks can convey a sense of what was important in a culture, and what contemporaries might draw on that can resonate a cultural past and make the food palatable. The way people eat relates to how they apply ideas and influences to the material resources and knowledge they have. Used in this way, cookbooks provide a rich and valuable way to look at the past. Histories, like cookbooks, are written in the present, inspired and conditioned by contemporary issues and attitudes and values. Major shifts in interpretation or new directions in historical studies have more often arisen from changes in political or theoretical preoccupations, generated by contemporary social events, rather than the recovery of new information. Likewise, the introduction of new ingredients or methods rely on contemporary acceptance, as well as familiarity. How particular versions of history and new recipes promote both the past and present is the concern of this paper. My focus below will be on the nineteenth century, although a much larger study would reveal the circumstances that separated that period from the changes that followed. Until the late nineteenth century Australians largely relied on cookbooks that were brought with them from England and on their own private recipe collection, and that influenced to a large extent the sort of food that they ate, although of course they had to improvise by supplementing with local ingredients. In the first book of recipes that was published in Australia, The English and Australian Cookery Book that appeared in 1864, Edward Abbott evoked the ‘roast beef of old England Oh’ (Bannerman, Dictionary). The use of such a potent symbol of English identity in the nineteenth century may seem inevitable, and colonists who could afford them tended to use their English cookbooks and the ingredients for many years, even after Abbott’s publication. New ingredients, however, were often adapted to fit in with familiar culinary expectations in the new setting. Abbott often drew on native and exotic ingredients to produce very familiar dishes that used English methods and principles: things like kangaroo stuffed with beef suet, breadcrumbs, parsley, shallots, marjoram, thyme, nutmeg, pepper, salt, cayenne, and egg. It was not until the 1890s that a much larger body of Australian cookbooks became available, but by this time the food supply was widely held to be secure and abundant and the cultivation of exotic foods in Australia like wheat and sheep and cattle had established a long and familiar food supply for English colonists. Abbott’s cookbook provides a record of the culinary heritage settlers brought with them to Australia and the contemporary circumstances they had to adapt to. Mrs Beeton’s Cookery Book and Household Guide is an example of the popularity of British cookbooks in Australia. Beeton’s Kangaroo Tail Curry was included in the Australian cooking section of her household management (2860). In terms of structure it is important for historians as one of the first times, because Beeton started writing in the 1860s, that ingredients were clearly distinguished from the method. This actually still presents considerable problems for publishers. There is debate about whether that should necessarily be the case, because it takes up so much space on the page. Kangaroo Tail CurryIngredients:1 tail2 oz. Butter1 tablespoon of flour1 tablespoon of curry2 onions sliced1 sour apple cut into dice1 desert spoon of lemon juice3/4 pint of stocksaltMethod:Wash, blanch and dry the tail thoroughly and divide it at the joints. Fry the tail in hot butter, take it up, put it in the sliced onions, and fry them for 3 or 4 minutes without browning. Sprinkle in the flour and curry powder, and cook gently for at least 20 minutes, stirring frequently. Add the stock, apple, salt to taste, bring to the boil, stirring meanwhile, and replace the tail in the stew pan. Cover closely, and cook gently until tender, then add the lemon juice and more seasoning if necessary. Arrange the pieces of tail on a hot dish, strain the sauce over, and serve with boiled rice.Time: 2-3 hoursSufficient for 1 large dish. Although the steps are not clearly distinguished from each other the method is more systematic than earlier recipes. Within the one sentence, however, there are still two or three different sorts of tasks. The recipe also requires to some extent a degree of discretion, knowledge and experience of cooking. Beeton suggests adding things to taste, cooking something until it is tender, so experience or knowledge is necessary to fulfil the recipe. The meal also takes between two and three hours, which would be quite prohibitive for a lot of contemporary cooks. New recipes, like those produced in Delicious have recipes that you can do in ten minutes or half an hour. Historically, that is a new development that reveals a lot about contemporary conditions. By 1900, Australian interest in native food had pretty much dissolved from the record of cookbooks, although this would remain a feature of books for the English public who did not need to distinguish themselves from Indigenous people. Mrs Beeton’s Cookery Book and Household Guide gave a selection of Australian recipes but they were primarily for the British public rather than the assumption that they were being cooked in Australia: kangaroo tail soup was cooked in the same way as ox tail soup; roast wallaby was compared to hare. The ingredients were wallaby, veal, milk and butter; and parrot pie was said to be not unlike one made of pigeons. The novelty value of such ingredients may have been of interest, rather than their practical use. However, they are all prepared in ways that would make them fairly familiar to European tastes. Introducing something new with the same sorts of ingredients could therefore proliferate the spread of other foods. The means by which ingredients were introduced to different regions reflects cultural exchanges, historical processes and the local environment. The adaptation of recipes to incorporate local ingredients likewise provides information about local traditions and contemporary conditions. Starting to see those ingredients as a two-way movement between looking at what might have been familiar to people and what might have been something that they had to do make do with because of what was necessarily available to them at that time tells us about their past as well as the times they are living in. Differences in the level of practical cooking knowledge also have a vital role to play in cookbook literature. Colin Bannerman has suggested that the shortage of domestic labour in Australia an important factor in supporting the growth of the cookbook industry in the late nineteenth century. The poor quality of Australian cooking was also an occasional theme in the press during the same time. The message was generally the same: bad food affected Australians’ physical, domestic, social and moral well-being and impeded progress towards civilisation and higher culture. The idea was really that Australians had to learn how to cook. Colin Bannerman (Acquired Tastes 19) explains the rise of domestic science in Australia as a product of growing interest in Australian cultural development and the curse of bad cookery, which encouraged support for teaching girls and women how to cook. Domestic Economy was integrated into the Victorian and New South Wales curriculum by the end of the nineteenth century. Australian women have faced constant criticism of their cooking skills but the decision to teach cooking shouldn’t necessarily be used to support that judgement. Placed in a broader framework is possible to see the support for a modern, scientific approach to food preparation as part of both the elevation of science and systematic knowledge in society more generally, and a transnational movement to raise the status of women’s role in society. It would also be misleading not to consider the transnational context. Australia’s first cookery teachers were from Britain. The domestic-science movement there can be traced to the congress on domestic economy held in Manchester in 1878, at roughly the same time as the movement was gaining strength in Australia. By the 1890s domestic economy was widely taught in both British and Australian schools, without British women facing the same denigration of their cooking skills. Other comparisons with Britain also resulted from Australia’s colonial heritage. People often commented on the quality of the ingredients in Australia and said they were more widely available than they were in England but much poorer in quality. Cookbooks emerged as a way of teaching people. Among the first to teach cookery skills was Mina Rawson, author of The Antipodean Cookery Book and the Kitchen Companion first published in 1885. The book was a compilation of her own recipes and remedies, and it organised and simplified food preparation for the ordinary housewife. But the book also included directions and guidance on things like household tasks and how to cure diseases. Cookbooks therefore were not completely distinct from other aspects of everyday life. They offered much more than culinary advice on how to cook a particular meal and can similarly be used by historians to comment on more than food. Mrs Rawson also knew that people had to make do. She included a lot of bush foods that you still do not get in a lot of Australian meals, ingredients that people could substitute for the English ones they were used to like pig weed. By the end of the nineteenth century cooking had become a recognised classroom subject, providing early training in domestic service, and textbooks teaching Australians how to cook also flourished. Measurements became much more uniform, the layout of cookbooks became more standardised and the procedure was clearly spelled out. This allowed companies to be able to sell their foods because it also meant that you could duplicate the recipes and they could potentially taste the same. It made cookbooks easier to use. The audience for these cookbooks were mostly young women directed to cooking as a way of encouraging social harmony. Cooking was elevated in lots of ways at this stage as a social responsibility. Cookbooks can also be seen as a representation of domestic life, and historically this prescribed the activities of men and women as being distinct The dominance of women in cookbooks in the nineteenth and early twentieth centuries attested to the strength of that idea of separate spheres. The consequences of this though has been debated by historians: whether having that particular kind of market and the identification that women were making with each other also provided a forum for women’s voices and so became quite significant in women’s politics at a later date. Cookbooks have been a strategic marketing device for products and appliances. By the beginning of the twentieth century food companies began to print recipes on their packets and to release their own cookbooks to promote their products. Davis Gelatine produced its first free booklet in 1904 and other companies followed suit (1937). The largest gelatine factory was in New South Wales and according to Davis: ‘It bathed in sunshine and freshened with the light breezes of Botany all year round.’ These were the first lavishly illustrated Australian cookbooks. Such books were an attempt to promote new foods and also to sell local foods, many of which were overproduced – such as milk, and dried fruits – which provides insights into the supply chain. Cookbooks in some ways reflected the changing tastes of the public, their ideas, what they were doing and their own lifestyle. But they also helped to promote some of those sorts of changes too. Explaining the reason for cooking, Isabella Beeton put forward an historical account of the shift towards increasing enjoyment of it. She wrote: "In the past, only to live has been the greatest object of mankind, but by and by comforts are multiplied and accumulating riches create new wants. The object then is to not only live but to live economically, agreeably, tastefully and well. Accordingly the art of cookery commences and although the fruits of the earth, the fowls of the air, the beasts of the field and the fish of the sea are still the only food of mankind, yet these are so prepared, improved and dressed by skill and ingenuity that they are the means of immeasurably extending the boundaries of human enjoyment. Everything that is edible and passes under the hands of cooks is more or less changed and assumes new forms, hence the influence of that functionary is immense upon the happiness of the household" (1249). Beeton anticipates a growing trend not just towards cooking and eating but an interest in what sustains cooking as a form of recreation. The history of cookbook publishing provides a glimpse into some of those things. The points that I have raised provide a means for historians to use cookbooks. Cookbooks can be considered in terms of what was eaten, by whom and how: who prepared the food, so to whom the books were actually directed? Clever books like Isabella Beeton’s were directed at both domestic servants and at wives, which gave them quite a big market. There are also changes in the inclusion of themes. Economy and frugality becomes quite significant, as do organisation and management at different times. Changes in the extent of detail, changes in authorship, whether it is women, men, doctors, health professionals, home economists and so on all reflect contemporary concerns. Many books had particular purposes as well, used to fund raise or promote a particular perspective, relate food reform and civic life which gives them a political agenda. Promotional literature produced by food and kitchen equipment companies were a form of advertising and quite significant to the history of cookbook publishing in Australia. Other themes include the influence of cookery school and home economics movements; advice on etiquette and entertaining; the influence of immigration and travel; the creation of culinary stars and authors of which we are all fairly familiar. Further themes include changes in ingredients, changes in advice about health and domestic medicine, and the impact of changes in social consciousness. It is necessary to place those changes in a more general historical context, but for a long time cookbooks have been ignored as a source of information in their own right about the period in which they were published and the kinds of social and political changes that we can see coming through. More than this active process of cooking with the books as well becomes a way of imagining the past in quite different ways than historians are often used to. Cookbooks are not just sources for historians, they are histories in themselves. The privileging of written and visual texts in postcolonial studies has meant other senses, taste and smell, are frequently neglected; and yet the cooking from historical cookbooks can provide an embodied, sensorial image of the past. From nineteenth century cookbooks it is possible to see that British foods were central to the colonial identity project in Australia, but the fact that “British” culinary culture was locally produced, challenges the idea of an “authentic” British cuisine which the colonies tried to replicate. By the time Abbot was advocating rabbit curry as an Australian family meal, back “at home” in England, it was not authentic Indian food but the British invention of curry power that was being incorporated into English cuisine culture. More than cooks, cookbook authors told a narrative that forged connections and disconnections with the past. They reflected the contemporary period and resonated with the culinary heritage of their readers. Cookbooks make history in multiple ways; by producing change, as the raw materials for making history and as historical narratives. References Abbott, Edward. The English and Australian Cookery Book: Cookery for the Many, as well as the Upper Ten Thousand. London: Sampson Low, Son & Marston, 1864. Bannerman, Colin. Acquired Tastes: Celebrating Australia’s Culinary History. Canberra: National Library of Australia, 1998. Bannerman, Colin. "Abbott, Edward (1801–1869)." Australian Dictionary of Biography. National Centre of Biography, Australian National University. 21 May 2013. . Beeton, Isabella. Mrs Beeton’s Book of Household Management. New Ed. London and Melbourne: Ward, Lock and Co. Ltd., n.d. (c. 1909). Davis Gelatine. Davis Dainty Dishes. Rev ed. Sydney: Davis Gelatine Organization, 1937. Rawson, Lance Mrs. The Antipodean Cookery Book and Kitchen Companion. Melbourne: George Robertson & Co., 1897.

Dans les matières dites techniques, auxquelles se rattachent les règles d'organisation et de fonctionnement du marché boursier, le droit pénal est utilisé comme une discipline accessoire, garantissant l'efficacité de ces réglementations. Cette approche emporte une déformation du droit pénal de fond et un recul de la protection normalement garantie par celui-ci, essentiellement par des atteintes au principe de la légalité criminelle et une instrumentalisation du mécanisme de la responsabilité pénale. Il en résulte que l'apport du droit pénal à la moralisation du marché boursier est limité aux exigences du procès équitable, l'assimilation des sanctions pécuniaires administratives à des peines ayant emporté leur soumission aux principes généraux qui gouvernent la matière pénale. Pourtant, quel que soit le champ de son intervention, le droit pénal demeure porteur de valeurs morales fondamentales. Il ne peut d'ailleurs contribuer à moraliser le marché boursier que dans la mesure où il est normatif. Le recours à la sanction pénale doit dès lors être limité à la répression de la ruse, matérialisée par la création ou l'exploitation d'une situation de déséquilibre entre les individus. Le droit pénal ne doit plus être au service de la régulation des marchés, mais voir son efficacité garantie par celle-ci. Loin d'être étrangère aux préoccupations de concurrence inhérentes au fonctionnement des marchés, cette approche contribuerait à la conciliation de la morale et de l'économie sur ceux-ci
In so-called technical subjects which relate to the rules of organisation and operation of the stock market, criminal law is used as an ancillary discipline, ensuring the effectiveness of these regulations. This approach leads to a distortion at the core of criminal law and adecline in the protection which is normally guaranteed by, essentially, violations of the principle of criminal law and a manipulation of the mechanism of criminal responsibility. As a result, the contribution of criminal law to the morality of the stock market is limited to therequirements of fair trial, the balance between administrative sanctions and penalties that have been achieved through abiding to the general principles that govern the criminal.Yet regardless of the scope of its intervention, the criminal law remains with its fundamentalmoral values. It can only contribute to the morality of the stock market by being normative.The use of the criminal sanctions must therefore be limited to the suppression of the ruse, aswitnessed by the creation or operation of a situation of imbalance between individuals. The criminal law should no longer be at the service of the regulation of markets, but see its efficiency guaranteed by it. Far from being foreign to the concerns of competition inherent tothe key components of the markets, this approach would lead to the reconciliation of morality and the economy of the markets themselves

Submitted in partial fulfillment of the requirements for the degree of Masters of Management Sciences Business Administration, Durban University of Technology. Durban, South Africa, 2017.
The discipline of corporate finance has undergone numerous transformations over the past two-and-a-half decades. One such change has been in the area of corporate finance. Driven by certain behavioral biases, it has been observed that managers sometimes make subjective decisions that do not always follow the norms of traditional corporate finance. One such behavioral influence is overconfidence or optimism. There is a paucity of research on the impact that managerial overconfidence through corporate investments has on the general movement of a company’s share price. This study bridges that gap by investigating the effect of managerial overconfidence on the share price of 10 companies from the JSE/FTSE top 40 index. Its main objective was to inspect the relationship between managerial overconfidence and share price. The results show the presence of managerial overconfidence observed through the investment-cash flow sensitivity of firms. The fixed effects panel regression reveals that Tobin’s Q which is the proxy measure of the investment-cash flow sensitivity of a firm, does affect the share price. Holding every other explanatory variable constant, an increase in Tobin’s Q causes the share price to rise, which leads to the conclusion that managerial overconfidence does have an influences on the stock price. It is further observed that managerial overconfidence tends to increase with firm size. This is shown by the weak positive correlation between the Q ratio and LnTA, and Q ratio and sales. In order to avoid the possible loss in value of a firm caused by an overconfidence manager, it is recommended that shareholders or owners ensure that the manager clearly understands the company’s objectives and vision. Due to the resultant influence of managers’ on the value of a company’s stock, investors should not only look at a company’s past performance, as well as the price earnings ratio (PE ratio), dividend yield, DPS, or any other market value ratios. They should also consider the characteristics of the CEO before making their investment decisions.
M