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1

Smiley, Will. "Lawless Wars of Empire? The International Law of War in the Philippines, 1898–1903." Law and History Review 36, no. 3 (June 13, 2018): 511–50. http://dx.doi.org/10.1017/s0738248017000682.

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Writing for his fellow military officers in early 1903, United States Army Major C.J. Crane reflected on the recent Philippine–American War. The bloody struggle to suppress an insurgency in the Philippines after the United States had annexed them from Spain in 1899 had officially concluded the previous July. The war had been accompanied by fierce racist sentiments among Americans, and in keeping with these, Crane described his foes as “the most treacherous people in the world.” But Crane's discussion drew as much on concepts of law as it did on race. The average American officer, Crane argued, had “remembered all the time that he was struggling with an enemy who was not entitled to the privileges usually granted prisoners of war,” and could be summarily executed, without benefit of “court-martial or other regular tribunal.” If anything, the Americans had been too generous. “Many [American] participants in the struggle,” he maintained, “have failed to fully understand that we were practically fighting an Asiatic nation in arms and almost every man a soldier in disguise and a violator” of the laws of war. But what did those laws mean to the United States during the conflict, and what does this indicate about the broader history of international law's relationship to empire?
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Mehrotra, Ajay K. "Lawyers, Guns, and Public Moneys: The U.S. Treasury, World War I, and the Administration of the Modern Fiscal State." Law and History Review 28, no. 1 (February 2010): 173–225. http://dx.doi.org/10.1017/s0738248009990071.

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World War I was a pivotal event for U.S. political and economic development, particularly in the realm of public finance. For it was during the war that the federal government ended its traditional reliance on regressive import duties and excise taxes as principal sources of revenue and began a modern era of fiscal governance, one based primarily on the direct and progressive taxation of personal and corporate income. The wartime tax regime, as the historian David M. Kennedy has observed, “occasioned a fiscal revolution in the United States.”
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Parslow, Joakim. "JURISTS OF WAR AND PEACE: SIDDIK SAMİ ONAR (1898–1972) AND ALİ FUAD BAŞGİL (1893–1967) ON LAW AND PREROGATIVE IN TURKEY." International Journal of Middle East Studies 50, no. 1 (January 31, 2018): 45–64. http://dx.doi.org/10.1017/s0020743817000939.

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AbstractThe jurists who entered Turkish academia during the 1930s built the foundations of their discipline under a regime that became increasingly authoritarian as war drew closer. Like their peers in Italy and France, therefore, they had to produce coherent doctrines but also support the frequent use of exceptional emergency powers. How did they solve this contradiction? More importantly, what consequences did their solutions have for the use of emergency powers after the war? This article adopts a Deleuzian reading of two strategies with which Turkish jurists met that challenge, approaching their work not simply as theories about law but also as models for the role law should play in the articulation of public authority. Focusing on Ali Fuad Başgil and Sıddık Sami Onar, law professors at Istanbul University, I argue that although both professors supported the regime, only a situational doctrine of the kind Onar produced was capable of ensuring that jurists would have a place in the exercise of “exceptional” state powers after the 1950 transition to democracy.
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Queralt, Didac. "War, International Finance, and Fiscal Capacity in the Long Run." International Organization 73, no. 4 (2019): 713–53. http://dx.doi.org/10.1017/s0020818319000250.

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AbstractIn this article I revisit the relationship between war and state making in modern times by focusing on two prominent types of war finance: taxes and foreign loans. Financing war with tax money enhances the capacity to assess wealth and monitor compliance, namely fiscal capacity. Tax-financed war facilitates the adoption of power-sharing institutions, which transform taxation into a non-zero-sum game, carrying on the effect of war in the long run. Financing war with external capital does not contribute to long-term fiscal capacity if borrowers interrupt debt service and, as part of the default settlement, war debt is condoned or exchanged for nontax revenue. The empirical evidence draws from war around the world as early as 1816. Results suggest that globalization of capital markets in the nineteenth century undermined the association between war, state making, and political reform.
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Bernstein, Michael A. "Tocqueville versus Weber." Law and History Review 28, no. 1 (February 2010): 235–40. http://dx.doi.org/10.1017/s0738248009990095.

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Ajay Mehrotra has afforded us an opportunity to better appreciate and understand the development of state capacity in modern U.S. history. With detailed research findings and a well-organized narrative, he focuses on the elaboration of revenue generation and management systems appropriate and adequate to the growing responsibilities and commitments of the national government in the early twentieth century. It is the burden of Mehrotra's argument that “bureaucratic professionals” were as important a part of the “fiscal revolution” in modern U.S. politics as were changing governmental structures and evolving events and contingencies. Using World War I as his case study, Mehrotra seeks to refine and extend the narrative of organizational change and the rise of the modern state in the United States.
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Grinberg, Mariya. "Wartime Commercial Policy and Trade between Enemies." International Security 46, no. 1 (2021): 9–52. http://dx.doi.org/10.1162/isec_a_00412.

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Abstract Why do states trade with their enemies during war? States make deliberate choices when setting their wartime commercial policies, and tailoring policies to match the type of war the states are expecting to fight. Specifically, states seek to balance two goals–maximizing revenue from continued trade during the war and minimizing the ability of the opponent to benefit militarily from trade. As a result, states trade with the enemy in (1) products that their opponents take a long time to convert into military capability, and (2) products that are essential to the domestic economy. Furthermore, states revise their wartime commercial policies based on how well they are doing on the battlefield. An analysis of British wartime commercial policy in World War I finds that a product's conversion time into military capabilities determines if and when that product will be prohibited from trade during the war. Alternatively, domestic political pressures play only a marginal role in wartime commercial policy decisions.
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McPherson, Susan. "War of conscience: antivaccination and the battle for medical freedom during World War I." Medical Humanities 47, no. 3 (May 24, 2021): e7-e7. http://dx.doi.org/10.1136/medhum-2020-012069.

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The nineteenth century British antivaccination movement attracted popular and parliamentary support and ultimately saw the 1853 law which had made smallpox vaccination compulsory nullified by the 1898 ‘conscientious objector’ clause. In keeping with popular public health discourse of the time, the movement had employed rhetoric associated with sanitary science and liberalism. In the early twentieth century new discoveries in bacteriology were fuelling advances in vaccination and the medical establishment was increasingly pushing for public health to move towards more interventionist medical approaches. With the onset of war in 1914, the medical establishment hoped to persuade the government to introduce compulsory typhoid inoculation for soldiers. This article analyses antivaccination literature, mainstream newspapers and medical press along with parliamentary debates to examine how the British antivaccination movement engaged with this new threat of compulsion by expanding the rhetoric of ‘conscience’ and emphasising medical freedom while also asserting scientific critique concerning the effectiveness of vaccines and the new laboratory based diagnostic practices. In spite of ‘conscience’ fitting well with an emerging public health discourse of individual subjectivity, the mainstream press ridiculed the idea of working-class soldiers having a conscience, coalescing around the idea that ‘conscientious objection’ be reserved for spiritual, philosophical and educated men who objected to military service. Moreover, in spite of engaging in reasoned scientific critique, parliament and press consorted in the demarcation of scientific knowledge as exclusive to medical scientists, reflecting a growing allegiance between the state and the medical establishment during the war. Any scientific arguments critical of medical orthodoxy were subjugated, labelled as ‘crank’ or ‘faddist’ as well as unpatriotic. The antivaccination narratives around conscience contributed to or were part of an evolving discourse on consent and ethics in medicine. Potential parallels are drawn with current and likely future debates around vaccination and counterhegemonic scientific approaches.
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8

Magaziner, Daniel R. "Removing the Blinders and Adjusting the View: A Case Study from Early Colonial Sierra Leone." History in Africa 34 (2007): 169–88. http://dx.doi.org/10.1353/hia.2007.0011.

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Mende raiders caught Mr. Goodman, “an educated young Sierra Leonean clerk,” at Mocolong, where he “was first tortured by having his tongue cut out, and then being decapitated.” His was a brutal fate, not unlike those which befell scores of his fellow Sierra Leoneans in the spring of 1898. Others were stripped of their Europeanstyle clothes and systematically dismembered, leaving only mutilated bodies strewn across forest paths or cast into rivers. Stories of harrowing escapes and near-death encounters circulated widely. Missionary stations burned and trading factories lost their stocks to plunder. Desperate cries were heard in Freetown. Send help. Send gun-boats. Send the West India Regiment. Almost two years after the British had legally extended their control beyond the colony of Sierra Leone, Mende locals demonstrated that colonial law had yet to win popular assent.In 1898 Great Britain fought a war of conquest in the West African interior. To the northeast of the Colony, armed divisions pursued the Temne chief Bai Bureh's guerrilla fighters through the hot summer months, while in the south the forest ran with Mende “war-boys,” small bands of fighters who emerged onto mission stations and trading factories, attacked, and then vanished. Mr. Goodman had had the misfortune to pursue his living among the latter. In the north, Bai Bureh fought a more easily definable ‘war,’ a struggle which pitted his supporters against imperial troops and other easily identified representatives of the colonial government. No reports of brutalities done to civilians ensued. In the south, however, Sierra Leoneans and missionaries, both men and women, joined British troops and officials on the casualty rolls.
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Blockmans, Steven. "Moving Into UNchartered Waters: An Emerging Right of Unilateral Humanitarian Intervention?" Leiden Journal of International Law 12, no. 4 (December 1999): 759–86. http://dx.doi.org/10.1017/s0922156599000394.

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With the black letter law of the UN Charter denying states to unilaterally intervene in third states on humanitarian grounds, this article tries to project a picture of the moral controversy of humanitarian intervention as a balance for order and justice. The author argues that some post-cold war armed interventions may be taken as evidence of an emerging rule of international law outside the UN Charter system allowing the use of unilateral humanitarian intervention to keep a third state from committing large-scale human rights violations on its own territory. However, in the absence of prior authorization from the relevant UN organs, it is necessary to address concerns of possible abuse and manipulations of such an emerging rule. The article includes recommendations to this end.To go to war for an idea, if the war is aggressive, not defensive, is as criminal as to go to war for territory or revenue; for it is as little justifiable to force our ideas on other people, as to compel them to submit to our will in any other respect. But there assuredly are cases in which it is allowable to go to war, without having been ourselves attacked, or threatened with attack; and it is very important that nations should make up their minds in time, as to what these cases are.John Stuart Mill, A Few Words on Non-Intervention (1859)
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10

Paine, Jack. "Rethinking the Conflict “Resource Curse”: How Oil Wealth Prevents Center-Seeking Civil Wars." International Organization 70, no. 4 (2016): 727–61. http://dx.doi.org/10.1017/s0020818316000205.

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AbstractA broad literature on how oil wealth affects civil war onset argues that oil production engenders violent contests to capture a valuable prize from vulnerable governments. By contrast, research linking oil wealth to durable authoritarian regimes argues that oil-rich governments deter societal challenges by strategically allocating enormous revenues to enhance military capacity and to provide patronage. This article presents a unified formal model that evaluates how these competing mechanisms affect overall incentives for center-seeking civil wars. The model yields two key implications. First, large oil-generated revenues strengthen the government and exert an overall effect that decreases center-seeking civil war propensity. Second, oil revenues are less effective at preventing center-seeking civil war relative to other revenue sources, which distinguishes overall and relative effects. Revised statistical results test overall rather than relative effects by omitting the conventional but posttreatment covariate of income per capita, and demonstrate a consistent negative association between oil wealth and center-seeking civil war onset.
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11

Goodman, Ryan. "The Obama Administration and Targeting “War-Sustaining” Objects in Noninternational Armed Conflict." American Journal of International Law 110, no. 4 (October 2016): 663–79. http://dx.doi.org/10.1017/s0002930000763160.

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Since September 11, 2001, legal experts have focused significant attention on the lethal targeting of individuals by both the George W. Bush and Obama administrations. An equally significant legacy of the post-9/11 administrations, however, may be the decisions to target specific kinds of objects. Those decisions greatly affect the success of U.S. efforts to win ongoing conflicts, such as the conflict with the Islamic State of Iraq and the Levant (ISIL). These decisions may also become precedents for military attacks that states consider lawful, whether carried out by cyber or kinetic means, in future armed conflicts.To achieve the goal of destroying ISIL, President Obama embraced what many in the international law community long regarded as off-limits: targeting war-sustaining capabilities, such as the economic infrastructure used to generate revenue for an enemy's armed forces. Although the weight of scholarly opinion has for years maintained that such objects are not legitimate military targets, the existing literature on this topic is highly deficient. Academic discussion has yet to grapple with some of the strongest and clearest evidence in support of the U.S. view on the legality of such targeting decisions. Indeed, intellectual resources may be better spent not on the question of whether such objects are legitimate military targets under the law of armed conflict, but on second-order questions, such as how to apply proportionality analysis and how to identify limiting principles to guard against unintentional slippery slopes. In this article, I discuss the legal pedigree for war-sustaining targeting. I then turn to identify some of the most significant second-order questions and how we might begin to address them.
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12

Rietzler, Katharina. "Counter-imperial orientalism: Friedrich Berber and the politics of international law in Germany and India, 1920s–1960s." Journal of Global History 11, no. 1 (February 8, 2016): 113–34. http://dx.doi.org/10.1017/s1740022815000376.

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AbstractThe most trenchant critiques of Western international law are framed around the legacy of its historic complicity in the imperial project of governing non-European peoples. International law organized Europe and its ‘others’ into a hierarchy of civilizational difference that was only ever reconfigured but never overturned. But when analysing the complex relationship between international law and imperialism the differences within Europe – as opposed to a dyadic opposition of Europe versus the ‘rest’ – also matter. Within the historical and political constellations of the early and mid twentieth century, German difference produced a set of arguments that challenged dominant discourses of international law by posturing as anti-imperialist critique. This article focuses on the global career of Friedrich Berber (1898–1984), who, as a legal adviser in Nazi Germany and Nehru’s India, was at the forefront of state-led challenges to liberal international law. Berber fused notions of German civilizational superiority with an appropriation of Indian colonial victimhood, and pursued a shared politics of opposition. He embodied a version of German–Indian entanglement which did not abate after the Second World War, emphasizing the long continuities of empire, power differentials, civilizational hierarchies, and developmental logics under the umbrella of international law.
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13

Hamnett, Chris. "A Nation of Inheritors? Housing Inheritance, Wealth and Inequality in Britain." Journal of Social Policy 20, no. 4 (October 1991): 509–36. http://dx.doi.org/10.1017/s0047279400019784.

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ABSTRACTThis paper examines the growth of housing inheritance in Britain since the late 1960s using Inland Revenue statistics. It also uses survey evidence to examine the uneven distribution of inheritance by housing tenure, class and region, and assesses its implications for consumption cleavage theory. It argues that at present the social distribution of housing inheritance is far from equal, benefiting home owners and the professional and managerial classes, but that, over the next 40 years, it will become much more widespread as the post-war generation of home owners bequeathes property. It is likely, however, that the children of tenants will be generally excluded from housing inheritance which is largely confined to the children of home owners.
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14

Tani, Karen M. "States' Rights, Welfare Rights, and the “Indian Problem”: Negotiating Citizenship and Sovereignty, 1935–1954." Law and History Review 33, no. 1 (December 10, 2014): 1–40. http://dx.doi.org/10.1017/s073824801400056x.

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“What distinguishes the American Indians from other native groups is . . . the nature of their relationship with a government which, while protecting their welfare and their rights, is committed to the principles of tribal self-government and the legal equality of races.”Felix S. Cohen, Chairman, Board of Appeals, United States Department of Interior (1942)“[T]he objective of Congress is to make the Indians self-supporting and into good individual American citizens . . . . You cannot have a good American citizen . . . unless you have a good citizen of the State.”United States Representative Antonio M. Fernández (D., New Mexico) (1949)“While all this red tape is being untangled, one in need dies without assistance.”David A. Johnson, Sr., Governor and Chairman of the Gila River Pima-Maricopa Indian Community (1949)These three quotations come from a period in modern American history often remembered for economic depression and war, but perhaps most remarkable for the accompanying changes in governance. Building on Progressive Era innovations, America's federal system became ever more “cooperative”— that is, marked by intricate federal-state personnel and revenue sharing. Meanwhile, Americans witnessed the steady expansion of central state authority. By the 1940s, neither the states nor the federal government enjoyed many areas of exclusive jurisdiction. The federal and state governments' relationships with their subjects were similarly in flux, and the stakes were high. As a result of New Deal social welfare programs, as well as numerous war-related measures, the benefits of state and national citizenship had expanded by the late 1940s. The burdens of citizenship had expanded, too, in the form of higher and broader taxation, compulsory military service, and more government oversight. The stage was set for fierce conflicts over the borders of the nation's political communities and the terms of belonging.
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Katona, Eszter. "Federico García Lorca : el 75 aniversario de su muerte." Acta Hispanica 16 (January 1, 2011): 113–22. http://dx.doi.org/10.14232/actahisp.2011.16.113-122.

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The anniversary of Federico Garría Lorca's death and the outbreak of the Spanish Civil War is closely intertwined in the Spanish public awareness. The poet's birth date is equally an important date in the his toy of the Iberian nation, as Spain has lost its last colonies in 1898. Besides these two memorable dates, we also have to highlight 2007, when the Historical Memory Law (Ley de Memoria Histórica) was enacted, aiming to rehabilitate the victims of the Civil War and the Franco regime. This measure has launched such an avalanche on Spanish public life, that affected almost all the society in some way. The family of Garcia Lorca also had to take a commitment as the resting place of their world-famous relative was still unknown. In addition to the identification of the body of the dead poet, Lorca's homosexuality is a constant topic in literary and historical arríes. Today, Spanish society accepts the sexual orientation of the poet, but it remains disputed whether it had a real effec t on Lorca's poetry. Lorca's Hungarian popularity began in 1947 when Gypsy Ballads was issued then the premier of Bernarda in 1955, and has remained unbroken ever since. In connection with this year's anniversary, this study aims to present these three topics — the location of Lorca's resting place, Lorca's homosexuality, Lorca's reception in Hungary.
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Gandolfo, K. Luisa. "Jordanian Jerusalem." American Journal of Islam and Society 25, no. 1 (January 1, 2008): 110–13. http://dx.doi.org/10.35632/ajis.v25i1.1492.

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For centuries, Jerusalem has been revered as the holy site of Judaism, Christianity,and Islam; strategically coveted as a means to consolidate territorialgains; and conquered thirty-seven times between its foundation and thesequestering of its ancient hub by Israeli forces during the Six-Day War. Asthe region underwent significant change after World War II, the Holy Cityincreasingly became contested. While the Palestinians nurtured concernsregarding land sales and the escalating influx of Jewish settlers, their apprehension became lost amidst the tussle for authority between Transjordan,which sought to affirm its role as custodian of the holy places, and the nascentstate of Israel, which strove to strengthen its presence in the city. Chartingthe endeavors of KingAbdullah and KingHussein to assert Transjordan’sauthority over Jerusalemdespite international and Israeli rivalry, Katz affordsa unique insight into the multifarious means used to court its residentsthrough events, banknotes, and stamps between 1948 and 1967.Over the course of seven chapters, the author imbues the text with illuminatingfigures and maps. Most notable is the 1946 “Palestinian Aid”stamp series initiated during the Bludan Conference in June 1946, duringwhich Abdullah directed member states of the Arab League “to issue aPalestinian stamp whose revenue would be earmarked for Palestine” (p. 56).Yet Abdullah’s pro-active stance – the Jordanian Parliament implementedthe Arab League resolution on 22 July 1946, followed by the “AdditionalStamps Law” Temporary Law 20 of the same year – was ultimately marredby his series of surreptitious meetings with the JewishAgency. Despite thisduplicity, the merit of stamps in preserving stable relations with thePalestinians is adeptly demonstrated throughout the chapter. Similarly, thepolitical nuances behind postcards depicting King Hussein and GamalAbdul Nasser affectionately united over the Dome of the Rock, as well as anadditional series of stamps celebrating Pope Paul VI’s pilgrimage to theHoly Land in 1964, serve as visual reminders of Jordan’s tentative grip onauthority during the post-war period and the ever-present desire to retainamicable relations with neighboring leaders ...
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Hansen, John Mark. "Taxation and the political economy of the tariff." International Organization 44, no. 4 (1990): 527–51. http://dx.doi.org/10.1017/s0020818300035396.

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Traditional accounts of U.S. tariff policy emphasize trade strategies and interest group politics. This article makes a departure. It opens with an observation: up until World War I, the tariff was the largest single source of federal government revenues. It then explores the significance of tariffs as taxes, theoretically and empirically.In its first part, the article develops a theory of taxation politics and applies it to the tariff. In its second part, it submits the theory to an empirical test, modeling changes in U.S. tariff rates from 1829 to 1940. The politics of tariff revision, it argues, followed from two characteristics of the tariff as tax: from the extent of the treasury's dependence upon it and from the distributive pattern of its burdens and benefits. Taken together, the article concludes, revenue dependence and distributive incidence account for several diverse aspects of American tariff policy, including the structure of its coalitions, the shifts in its objectives, and the timing of its innovations.
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Ashwarya, Sujata. "Post-2003 Iran–Iraq Cooperation in the Oil and Gas Sector: Initiatives, Challenges, and Future Scenarios." Contemporary Review of the Middle East 4, no. 1 (March 2017): 84–118. http://dx.doi.org/10.1177/2347798916681349.

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Iran–Iraq cooperation in the oil and gas sector took shape after the 2003 war as relations between the two countries improved with the assumption of power by a Shia-led government in Baghdad. The two Persian Gulf neighbors recognize the importance of joint or unitized development of cross-border oil fields and have taken preliminary initiatives to that end. Inter-state pipelines for energy export and import are binding them into a tight economic embrace, and combined backing for high oil prices as well as mutual support for raising production quota in the Organization of the Petroleum Exporting Countries (OPEC) speak of their similar imperatives for high revenue. However, Iran and Iraq continue to face challenges to their collaborative ventures, which stem from their historical rivalry over oil production and sales, persisting Iraqi suspicion of Iranian domination, absence of a hydrocarbon law in Iraq, and Iraq’s energy agreements with Iran that add to regional tensions with Baghdad’s Sunni neighbors. The road ahead is likely to see dynamic cooperation in areas that are less contentious, such as building of oil and gas pipelines, whereas the prickly issue of unitization of shared fields would take a backseat.
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Scheiding, Tom. "Paying for Knowledge One Page at a Time: The Author Fee in Physics in Twentieth-Century America." Historical Studies in the Natural Sciences 39, no. 2 (2009): 219–47. http://dx.doi.org/10.1525/hsns.2009.39.2.219.

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The definition of the physics journal as an economic object has changed significantly over the course of the twentieth century. One issue debated and negotiated by academics, scholarly societies, and research patrons has been whether the journal was a public good, a private commodity, or some combination of the two. In physics, discussion of the economic status of the journal, as explored here for the journals of the American Institute of Physics, occurred in concert with the initial creation of the page-charge pricing mechanism in the 1930s, its enlarged role during the Cold War, and its diminished influence starting in the 1970s. Several factors influenced how much revenue the page charge generated. Some were obvious, such as the generosity of the research patronage; others less so, such as dominant economic metaphors, administrative decisions made by taxing and postal authorities, and changes in intellectual property law. This paper chronicles the use of the page-charge pricing mechanism for physics journals so as to reveal the often hidden, yet heated, pursuit to define the journal as an object that creates benefits for, and deserves financing from, the public at large, scholars, and research patrons.
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Godek, Sławomir. "PRAWO I SĄDY NA LITWIE W 1812 ROKU W ŚWIETLE „DZIENNIKA CZYNNOŚCI TYMCZASOWEGO RZĄDU LITEWSKIEGO”." Zeszyty Prawnicze 14, no. 2 (December 7, 2016): 25. http://dx.doi.org/10.21697/zp.2014.14.2.02.

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THE LAW AND THE COURTS IN LITHUANIA IN 1812 IN THE LIGHT OF THE OFFICIAL JOURNAL OF THE ACTIVITIES OF THE PROVISIONAL GOVERNMENT OF LITHUANIASummaryAt the very beginning of his Russian campaign of 1812 Napoleon created a somewhat complicated structure for the new administration of Lithuania. A key element in it was the Commission of the Provisional Government of Lithuania, a surrogate Lithuanian government. Virgilijus Pugačiauskas has recently published the Commission’s official journal, Dziennik czynności Komisji Tymczasowego Rządu Litwy, for the period from 2 July 1812 to 30 July 1813 from the manuscript. In the light of this invaluable resource, we can see the Commission’s efforts to build a new administration and revenue services, create a Lithuanian army, and ensure supplies for Napoleon’s forces. One of the important tasks undertaken by the Commission was to restore the judiciary, which had been disorganised by the war, and to ensure the normal administration of justice and the restoration of full power to the Statute of Lithuania, which had been in use under the Polish-Lithuanian Commonwealth and had already been partially supplanted by Russian law following the Partitions of Poland-Lithuania. An act which was of fundamental importance in this respect was the institution of a set of regulations for the judiciary Prawidła dla sądownictwa, adopted by the Commission on 29 July, 1812. Under this act the courts were temporarily to resume their activities only in criminal cases, on the grounds of Lithuanian law and using Polish as the official language. The Commission reserved the right to approve death sentences and – as may be seen from the minutes – actually used this power. The contents of the protocols indicate that the courts actually resumed operations in early August 1812. In October 1812 the Commission adopted a measure on the new organisation of the Vilnius municipal courts.
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Tarkowski, Mikołaj. "PRAWO PUBLICZNE NA UNIWERSYTECIE STEFANA BATOREGO W WILNIE." Zeszyty Prawnicze 9, no. 1 (June 25, 2017): 191. http://dx.doi.org/10.21697/zp.2009.9.1.08.

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Public Law at The University of Stefan Batory in VilniusSummaryThe Law Faculty and Social Science of University of Stefan Batory was a centre of the science of Vilnius lawyers in the interwar period. Examinations and lectures were run both in the field of the public law, private, as well as of support sciences of the law. The article is devoted to the learning of the public law and his academic teachers. Lectures directed for getting to know such objects as the constitutional, church, criminal, tax and administrative law were run on different ranks of studies (from II till the IV year). Syllabus were made up on the basis of provisions of the law about the academic education.In the period of the interwar period discussions took place about their shape. In them professor Eugeniusz Waśkowski, who proposed the legal specialization in senior years supplemented took the active participation for historical researches concerning the institution from the scope of individual branches of the law.In frames this way constructed among others constitutionalists gave a lecture. Among them professor Wacław Komarnicki participated in scientific trips to West-European cities – particularly to Paris. He also contributed to the development of the learning of the public law with one’s work professors Alfons Parczewski and Bolesław Wilanowski who dealt with the canon law and laid them out together with marital rights. Analysing the contribution of Vilnius lawyers to academic achievements of the Polish learning of the criminal law, it is impossible to forget about examinations conducted by professors Bronisław Wróblewski and Stefan Glaser. B. Wróblewski cooperated closely with a more late professor of the Wrocław University Witold Świda. Next, S. Glaser joined in the discussion about legal-medical aspects of abortion.Among this circle it is needed to mention about professor Mieczysław Gutowski – the editor of the periodical Works of the Seminar from the Finances and the Revenue law and the Statistics. There is also described an academic activity of professor Jerzy Panejko, who was concentrated in examinations on the subject matter of the local government and professional council.The Vilnius legal thought survived throughout the period of the II World War. W. Świda, B. Wilanowski and A. Mycielski were continued lectures in the country. Especially W Komarnicki, W. Sukiennicki, or also S. Glaser began the teaching and scientific work at foreign colleges. They cultivated the Vilnius legal thought given rise to and looked after in the interwar period.
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Aly, Wael Omran. "A Framework for Results Based Management to The Public Sector in Egypt:Challenges and Opportunities." Journal of Public Administration and Governance 4, no. 4 (November 20, 2015): 23. http://dx.doi.org/10.5296/jpag.v5i4.8406.

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Abstract:After the Second World War, the newly emerged independent third world countries faced immense problems such as poverty, illiteracy, poor health, low agriculture and industrial productivity and social instability. The idea of development administration was born with the above-stated pragmatic concern. Since then, third world countries strived to adopt development administration principles and techniques; in order to transform their conventional traditional public administration into modern development administration that can lead the prospective development.Such conventional public administration deals with regulatory aspects of administration such as law and order, judicial administration and revenue collection, development administration is concerned with the socio-economic developmental activities. Thus, traditional public administration is structure-oriented while developmental administration is action- oriented. Many third world countries failed in realizing such desired shift by converting its conventional public administration to effective development administration; able to achieve the intended national development via the formulation and the implementation of plans, policies, programs and projects necessary for sustainable development purposes. Such bad governance had led the people to go up against such government; as it happens lately in some Arab countries like Egypt and Tunisia.Therefore, the public sector in Egypt need to be deregulated, a new results-based management is a must; to hold managers accountable. This is a fundamental change: holding managers accountable for what they do, not how they do it. The public sector reform initiatives (especially the New Public management –NPM) have resulted in changing the accountability concept; from accountability in terms of procedural compliance to accountability in terms of efficiency and results (effectiveness and cost effectiveness).
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Hunt, Nancy Rose. "Noise Over Camouflaged Polygamy, Colonial Morality Taxation, and a Woman-Naming Crisis in Belgian Africa." Journal of African History 32, no. 3 (November 1991): 471–94. http://dx.doi.org/10.1017/s0021853700031558.

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This paper highlights analytical and historical commonalities between Belgian African anti-polygamy measures and the unusual practice of taxing urban un-married women. Secondly, it interprets the 1950s rebellion against this tax in Bujumbura in light of how the colonial category of femme libre and a 1950 antipolygamy law converged in the Muslim African community of Buyenzi. Colonial categories and camouflage, name-giving and name-calling, noise and silence are central to the interpretation.Belgian African anti-polygamy attitudes and measures are first reviewed, including polygamous wife liberations in the Leopoldian period; the introduction of supplementary wife taxation in 1910; demographic anxieties from the 1920s; and post-World War II worries about ‘camouflaged polygamy’, leading to the passage of the anti-polygamy law in 1950. The published evidence of ‘camouflaged polygamy's’ noisiest critics, élite African ‘new men’ or évolués, suggests that polygamy was increasing in rural areas due to forced labour obligations, and becoming camouflaged in response to pro-natalist rewards for monogamy. A second section analyses the urban single women's tax in terms of the embarrassed silence surrounding this new form of moral taxation, which was introduced following legislation in the 1930s designed to better differentiate ‘customary’ space from urban sites of ‘evolution’. A third section draws on Buyenzi women's oral memories to reconstruct their noisy rebellion against the tax. The conclusion analyses these Muslim women's outrage in light of the contradictions of gaining municipal revenue through moral taxation, an urban surveillance process which necessitated naming the category of persons taxed. The etymology of the term femme libre demonstrates that polygamous wife and prostitute were associated categories in colonial thought from the Leopoldian period. Colonial authorities lost control over these categories in this atypical ‘extra-customary’ township super-imposed on a pre-colonial ‘customary’ community. The new African need for camouflaging plural wives, created by the strong urban expulsion powers of the 1950 anti-polygamy law, converged with the name-calling of the single women's tax, resulting in a local struggle to control the naming process. The category of women created by the tax coalesced around the sexual insult embedded in the tax's name, embarrassing colonial authorities into exemptions and inciting the men of their community into a tax rebellion.
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Haacke, Jürgen. "The Nature and Management of Myanmar's Alignment with China: The SLORC/SPDC Years." Journal of Current Southeast Asian Affairs 30, no. 2 (June 2011): 105–40. http://dx.doi.org/10.1177/186810341103000206.

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Recent research has focused increasingly on the strategies that Southeast Asian countries have adopted vis-à-vis a rising China. This article aims to contribute to the literature by discussing Myanmar's alignment posture towards China under the post-September 1988 military regime. In particular, the purpose is to specify and explain the nature and management of this alignment. The argument is as follows: first, during the two decades of SLORC/SPDC (State Law and Order Restoration Council/State Peace and Development Council) rule, Myanmar sought only limited alignment with China, focused primarily on diplomatic support and protection, with only a moderate record of bilateral defence and security cooperation. Second, Myanmar's alignment with China after 1988 was shaped by at least three important factors: the core principles of the country's previous foreign policy after colonial rule, a deeply embedded sense of nationalism among the military elite, and Burma's Cold War interaction with China. Third, in managing its alignment with China over the last decade, the SPDC avoided compromises perceived as unpalatable in return for the promise of diplomatic protection and instead ‘rewarded’ Beijing by consenting to economic and infrastructure projects that were considered to advance the regime's interest in either generating state revenue or contributing to the consolidation and expansion of control over state territory. The SPDC also pushed Beijing into reconsidering its position on the sensitive issue of armed ethnic groups in the Sino-Myanmar border region. The Myanmar case thus shows that lesser powers can obtain security benefits from a major power without this necessarily requiring more than limited alignment or entailing a serious erosion of political autonomy, particularly when the former possesses valuable natural resources and enjoys considerable geo-strategic significance for the latter.
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B, CHINTHU I. "Educational Progress in Travancore: Review on the Role of Travancore Royal Family in Higher Education." GIS Business 14, no. 3 (June 21, 2019): 188–95. http://dx.doi.org/10.26643/gis.v14i3.4668.

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“Education is the basic tool for the development of consciousness and the reconstitution of society” -Mahatma Gandhi. In Kerala formal and higher education started much earlier than rest of the Indian states. Educational initiatives made the state the most literate one and placed it as well ahead in gender and spatial equity. During the initial phase of educational expansion, education got its prominence for its intrinsic worthiness and played the role of enlightenment and empowerment. Kerala has occupied a prominent place on the educational map of the country from its ancient time. Though there is no clear picture of the educational system that prevailed in the early centuries of the Christian Era, the Tamil works of the Sangam age enable us to get interesting glimpses of the educational scene in Tamilakam including the present Kerala[i]. The standards of literacy and education seem to have been high. The universal education was the main feature of sangam period. 196-201 Evolution and Growth of Cyber Crimes: An Analys on the Kerala Scenario S S KARTHIK KUMAR Crime is a common word that we always hereof in this era of globalization. Crimes refer to any violation of law or the commission of an act forbidden by law. Crime and criminality have been associated with man since time immemorial. Cyber crime is a new type of crime that occurs in these years of Science and Technology. There are a lot of definitions for cyber crime. It is defined as crimes committed on the internet using the computer as either a tool or a targeted victim. In addition, cyber crime also includes traditional crimes that been conducted with the access of Internet. For example hate crimes, telemarketing Internet fraud, identity theft, and credit card account thefts. In simple word, cyber crime can be defined as any violence action that been conducted by using computer or other devices with the access of internet. 202-206 Myriad Aspects of Secular Thinking on Malayali Cuisine SAJITHA M Food is one of the main requirements of human being. It is flattering for the preservation of wellbeing and nourishment of the body. The food of a society exposes its custom, prosperity, status, habits as well as it help to develop a culture. Food is one of the most important social indicators of a society. History of food carries a dynamic character in the socio- economic, political, and cultural realm of a society. The food is one of the obligatory components in our daily life. It occupied an obvious atmosphere for the augmentation of healthy life and anticipation against the diseases. The food also shows a significant character in establishing cultural distinctiveness, and it reflects who we are. Food also reflected as the symbol of individuality, generosity, social status and religious believes etc in a civilized society. Food is not a discriminating aspect. It is the part of a culture, habits, addiction, and identity of a civilization.Food plays a symbolic role in the social activities the world over. It’s a universal sign of hospitality.[i] 207-212 Re-Appraising Taxation in Travancore and It's Caste Interference REVATHY V S Travancore , one of the Princely States in British India and later became the Model State in British India carried a significant role in history when analysing its system of taxation. Tax is one of the chief means for acquiring revenue and wealth. In the modern sense, tax means an amount of money imposed by a government on its citizens to run a state or government. But the system of taxation in the Native States of Travancore had an unequal character or discriminatory character and which was bound up with the caste system. In the case of Travancore and its society, the so called caste system brings artificial boundaries in the society.[i] 213-221 Second World War and Its Repercussions: Impetus on Poverty in Travancore SAFEED R In the first half of the twentieth century the world witnessed two deadliest wars and it directly or indirectly affected the countries all over the world. The First World War from 1914-1918 and the Second World War from 1939-1945 shooked the base of the socio-economic and political structure of the entire world. When compared to the Second World War, the First World War confined only within the boundaries of Europe and has a minimal effect on the other parts of the world. The Second World War was most destructive in nature and it changed the existing socio-economic and political setup of the world countries. 222-
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Martin, Isaac William. "Tax Evasion and the Rule of Law in Latin America: The Political Culture of Cheating and Compliance in Argentina and Chile. By Marcelo Bergman. University Park: The Pennsylvania State University Press. 2009. 280p. $65.00. - War, Revenue and State Building: Financing the Development of the American State. By Sheldon D. Pollack. Ithaca, New York: Cornell University Press. 2009. 328p. $24.95." Perspectives on Politics 9, no. 3 (September 2011): 731–33. http://dx.doi.org/10.1017/s1537592711002283.

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Maldavsky, Aliocha. "Financiar la cristiandad hispanoamericana. Inversiones laicas en las instituciones religiosas en los Andes (s. XVI y XVII)." Vínculos de Historia. Revista del Departamento de Historia de la Universidad de Castilla-La Mancha, no. 8 (June 20, 2019): 114. http://dx.doi.org/10.18239/vdh_2019.08.06.

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RESUMENEl objetivo de este artículo es reflexionar sobre los mecanismos de financiación y de control de las instituciones religiosas por los laicos en las primeras décadas de la conquista y colonización de Hispanoamérica. Investigar sobre la inversión laica en lo sagrado supone en un primer lugar aclarar la historiografía sobre laicos, religión y dinero en las sociedades de Antiguo Régimen y su trasposición en América, planteando una mirada desde el punto de vista de las motivaciones múltiples de los actores seglares. A través del ejemplo de restituciones, donaciones y legados en losAndes, se explora el papel de los laicos españoles, y también de las poblaciones indígenas, en el establecimiento de la densa red de instituciones católicas que se construye entonces. La propuesta postula el protagonismo de actores laicos en la construcción de un espacio cristiano en los Andes peruanos en el siglo XVI y principios del XVII, donde la inversión económica permite contribuir a la transición de una sociedad de guerra y conquista a una sociedad corporativa pacificada.PALABRAS CLAVE: Hispanoamérica-Andes, religión, economía, encomienda, siglos XVI y XVII.ABSTRACTThis article aims to reflect on the mechanisms of financing and control of religious institutions by the laity in the first decades of the conquest and colonization of Spanish America. Investigating lay investment in the sacred sphere means first of all to clarifying historiography on laity, religion and money within Ancien Régime societies and their transposition to America, taking into account the multiple motivations of secular actors. The example of restitutions, donations and legacies inthe Andes enables us to explore the role of the Spanish laity and indigenous populations in the establishment of the dense network of Catholic institutions that was established during this period. The proposal postulates the role of lay actors in the construction of a Christian space in the Peruvian Andes in the sixteenth and early seventeenth centuries, when economic investment contributed to the transition from a society of war and conquest to a pacified, corporate society.KEY WORDS: Hispanic America-Andes, religion, economics, encomienda, 16th and 17th centuries. BIBLIOGRAFIAAbercrombie, T., “Tributes to Bad Conscience: Charity, Restitution, and Inheritance in Cacique and Encomendero Testaments of 16th-Century Charcas”, en Kellogg, S. y Restall, M. (eds.), Dead Giveaways, Indigenous Testaments of Colonial Mesoamerica end the Andes, Salt Lake city, University of Utah Press, 1998, pp. 249-289.Aladjidi, P., Le roi, père des pauvres: France XIIIe-XVe siècle, Rennes, Presses universitaires de Rennes, 2008.Alberro, S., Les Espagnols dans le Mexique colonial: histoire d’une acculturation, Paris, A. Colin, 1992.Alden, D., The making of an enterprise: the Society of Jesus in Portugal, its empire, and beyond 1540-1750, Stanford California, Stanford University Press, 1996.Angulo, D., “El capitán Gómez de León, vecino fundador de la ciudad de Arequipa. Probança e información de los servicios que hizo a S. M. en estos Reynos del Piru el Cap. Gomez de León, vecino que fue de cibdad de Ariquipa, fecha el año MCXXXI a pedimento de sus hijos y herederos”, Revista del archivo nacional del Perú, Tomo VI, entrega II, Julio-diciembre 1928, pp. 95-148.Atienza López, Á., Tiempos de conventos: una historia social de las fundaciones en la España moderna, Madrid, Marcial Pons Historia, 2008.Azpilcueta Navarro, M. de, Manual de penitentes, Estella, Adrián de Anvers, 1566.Baschet, J., “Un Moyen Âge mondialisé? Remarques sur les ressorts précoces de la dynamique occidentale”, en Renaud, O., Schaub, J.-F., Thireau, I. (eds.), Faire des sciences sociales, comparer, Paris, éditions de l’EHESS, 2012, pp. 23-59.Boltanski, A. y Maldavsky, A., “Laity and Procurement of Funds», en Fabre, P.-A., Rurale, F. (eds.), Claudio Acquaviva SJ (1581-1615). A Jesuit Generalship at the time of the invention of the modern Catholicism, Leyden, Brill, 2017, pp. 191-216.Borges Morán, P., El envío de misioneros a América durante la época española, Salamanca, Universidad Pontifícia, 1977.Bourdieu, P., “L’économie des biens symboliques», Raisons pratiques: sur la théorie de l’action, Paris, Seuil, [1994] 1996, pp. 177-213.Brizuela Molina, S., “¿Cómo se funda un convento? Algunas consideraciones en torno al surgimiento de la vida monástica femenina en Santa Fe de Bogotá (1578-1645)”, Anuario de historia regional y de las Fronteras, vol. 22, n. 2, 2017, pp. 165-192.Brown, P., Le prix du salut. Les chrétiens, l’argent et l’au-delà en Occident (IIIe-VIIIe siècle), Paris, Belin, 2016.Burke, P., La Renaissance européenne, Paris, Seuil, 2000.Burns, K., Hábitos coloniales: los conventos y la economía espiritual del Cuzco, Lima, Quellca, IFEA, 2008.Cabanes, B y Piketty, G., “Sortir de la guerre: jalons pour une histoire en chantier”, Histoire@Politique. Politique, culture, société, n. 3, nov.-dic. 2007.Cantú, F., “Evoluzione et significato della dottrina della restituzione in Bartolomé de Las Casas. Con il contributo di un documento inedito”, Critica Storica XII-Nuova serie, n. 2-3-4, 1975, pp. 231-319.Castelnau-L’Estoile, C. de, “Les fils soumis de la Très sainte Église, esclavages et stratégies matrimoniales à Rio de Janeiro au début du XVIIIe siècle», en Cottias, M., Mattos, H. (eds.), Esclavage et Subjectivités dans l’Atlantique luso-brésilien et français (XVIIe-XXe), [OpenEdition Press, avril 2016. Internet : <http://books.openedition.org/ http://books.openedition.org/oep/1501>. ISBN : 9782821855861]Celestino, O. y Meyers, A., Las cofradías en el Perú, Francfort, Iberoamericana, 1981.Celestino, O., “Confréries religieuses, noblesse indienne et économie agraire”, L’Homme, 1992, vol. 32, n. 122-124, pp. 99-113.Châtellier Louis, L’Europe des dévots, Paris, Flammarion, 1987.Christian, W., Religiosidad local en la España de Felipe II, Madrid, Nerea, 1991.Christin, O., Confesser sa foi. Conflits confessionnels et identités religieuses dans l’Europe moderne (XVIe-XVIIe siècles), Seyssel, Champ Vallon, 2009.Christin, O., La paix de religion: l’autonomisation de la raison politique au XVIe siècle, Paris, Seuil, 1997.Clavero, B., Antidora: Antropología católica de la economía moderna, Milan, Giuffrè, 1991.Cobo Betancourt, “Los caciques muiscas y el patrocinio de lo sagrado en el Nuevo Reino de Granada”, en A. Maldavsky y R. Di Stefano (eds.), Invertir en lo sagrado: salvación y dominación territorial en América y Europa (siglos XVI-XX), Santa Rosa, EdUNLPam, 2018, cap. 1, mobi.Colmenares, G., Haciendas de los jesuitas en el Nuevo Reino de Granada, siglo XVIII, Bogotá, Universidad Nacional de Colombia, 1969.Comaroff, J. y Comaroff, J., Of Revelation and Revolution. Vol. 1, Christianity, Colonialism, and Consciousness in South Africa, Chicago, University of Chicago Press, 1991.Costeloe, M. P., Church wealth in Mexico: a study of the “Juzgado de Capellanias” in the archbishopric of Mexico 1800-1856, London, Cambridge University Press, 1967.Croq, L. y Garrioch, D., La religion vécue. Les laïcs dans l’Europe moderne, Rennes, PUR, 2013.Cushner, N. P., Farm and Factory: The Jesuits and the development of Agrarian Capitalism in Colonial Quito, 1600-1767, Albany, State University of New York Press, 1982.Cushner, N. P., Jesuit Ranches and the Agrarian Development of Colonial Argentina, 1650-1767, Albany, State University of New York Press, 1983.Cushner, N. P., Why have we come here? The Jesuits and the First Evangelization of Native America, Oxford, Oxford University Press, 2006.De Boer, W., La conquista dell’anima, Turin, Einaudi, 2004.De Certeau M., “La beauté du mort : le concept de ‘culture populaire’», Politique aujourd’hui, décembre 1970, pp. 3-23.De Certeau, M., L’invention du quotidien. T. 1. Arts de Faire, Paris, Gallimard, 1990.De la Puente Brunke, J., Encomienda y encomenderos en el Perú. Estudio social y político de una institución, Sevilla, Diputación provincial de Sevilla, 1992.Del Río M., “Riquezas y poder: las restituciones a los indios del repartimiento de Paria”, en T. Bouysse-Cassagne (ed.), Saberes y Memorias en los Andes. In memoriam Thierry Saignes, Paris, IHEAL-IFEA, 1997, pp. 261-278.Van Deusen, N. E., Between the sacred and the worldly: the institutional and cultural practice of recogimiento in Colonial Lima, Stanford, Stanford University Press, 2001.Dictionnaire de théologie catholique, 1937, s.v. “Restitution”.Durkheim, É., Les formes élémentaires de la vie religieuse, Paris, Presses universitaires de France, 1960 [1912].Duviols, P. La lutte contre les religions autochtones dans le Pérou colonial: l’extirpation de l’idolâtrie entre 1532 et 1660, Lima, IFEA, 1971.Espinoza, Augusto, “De Guerras y de Dagas: crédito y parentesco en una familia limeña del siglo XVII”, Histórica, XXXVII.1 (2013), pp. 7-56.Estenssoro Fuchs, J.-C., Del paganismo a la santidad: la incorporación de los Indios del Perú al catolicismo, 1532-1750, Lima, IFEA, 2003.Fontaine, L., L’économie morale: pauvreté, crédit et confiance dans l’Europe préindustrielle, Paris, Gallimard, 2008.Froeschlé-Chopard, M.-H., La Religion populaire en Provence orientale au XVIIIe siècle, Paris, Beauchesne, 1980.Glave, L. M., De rosa y espinas: economía, sociedad y mentalidades andinas, siglo XVII. Lima, IEP, BCRP, 1998.Godelier, M., L’énigme du don, Paris, Fayard, 1997.Goffman, E., Encounters: two studies in the sociology of interaction, MansfieldCentre, Martino publishing, 2013.Grosse, C., “La ‘religion populaire’. L’invention d’un nouvel horizon de l’altérité religieuse à l’époque moderne», en Prescendi, F. y Volokhine, Y (eds.), Dans le laboratoire de l’historien des religions. Mélanges offerts à Philippe Borgeaud, Genève, Labor et fides, 2011, pp. 104-122.Grosse, C., “Le ‘tournant culturel’ de l’histoire ‘religieuse’ et ‘ecclésiastique’», Histoire, monde et cultures religieuses, 26 (2013), pp. 75-94.Hall, S., “Cultural studies and its Theoretical Legacy”, en Grossberg, L., Nelson, C. y Treichler, P. (eds.), Cultural Studies, New York, Routledge, 1986, pp. 277-294.Horne, J., “Démobilisations culturelles après la Grande Guerre”, 14-18, Aujourd’hui, Today, Heute, Paris, Éditions Noésis, mai 2002, pp. 45-5.Iogna-Prat, D., “Sacré’ sacré ou l’histoire d’un substantif qui a d’abord été un qualificatif”, en Souza, M. de, Peters-Custot, A. y Romanacce, F.-X., Le sacré dans tous ses états: catégories du vocabulaire religieux et sociétés, de l’Antiquité à nos jours, Saint-Étienne, Publications de l’Université de Saint-Étienne, 2012, pp. 359-367.Iogna-Prat, D., Cité de Dieu. Cité des hommes. L’Église et l’architecture de la société, Paris, Presses universitaires de France, 2016.Kalifa, D., “Les historiens français et ‘le populaire’», Hermès, 42, 2005, pp. 54-59.Knowlton, R. J., “Chaplaincies and the Mexican Reform”, The Hispanic American Historical Review, 48.3 (1968), pp. 421-443.Lamana, G., Domination without Dominance: Inca-Spanish Encounters in Early Colonial Peru, Durham, Duke University Press, 2008.Las Casas B. de, Aqui se contienen unos avisos y reglas para los que oyeren confessiones de los Españoles que son o han sido en cargo a los indios de las Indias del mas Océano (Sevilla : Sebastián Trujillo, 1552). Edición moderna en Las Casas B. de, Obras escogidas, t. V, Opusculos, cartas y memoriales, Madrid, Biblioteca de Autores Españoles, 1958, pp. 235-249.Lavenia, V., L’infamia e il perdono: tributi, pene e confessione nella teologia morale della prima età moderna, Bologne, Il Mulino, 2004.Lempérière, A., Entre Dieu et le Roi, la République: Mexico, XVIe-XIXe siècle, Paris, les Belles Lettres, 2004.Lenoble, C., L’exercice de la pauvreté: économie et religion chez les franciscains d’Avignon (XIIIe-XVe siècle), Rennes, Presses universitaires de Rennes, 2013.León Portilla, M., Visión de los vencidos: relaciones indígenas de la conquista, México, Universidad nacional autónoma, 1959.Levaggi, A., Las capellanías en la argentina: estudio histórico-jurídico, Buenos Aires, Facultad de derecho y ciencias sociales U. B. A., Instituto de investigaciones Jurídicas y sociales Ambrosio L. Gioja, 1992.Lohmann Villena, G., “La restitución por conquistadores y encomenderos: un aspecto de la incidencia lascasiana en el Perú”, Anuario de Estudios americanos 23 (1966) 21-89.Luna, P., El tránsito de la Buenamuerte por Lima. Auge y declive de una orden religiosa azucarera, siglos XVIII y XIX, Francfort, Universidad de navarra-Iberoamericana-Vervuert, 2017.Macera, P., Instrucciones para el manejo de las haciendas jesuitas del Perú (ss. XVII-XVIII), Lima, Universidad Nacional Mayor de San Marcos, 1966.Málaga Medina, A., “Los corregimientos de Arequipa. Siglo XVI”, Histórica, n. 1, 1975, pp. 47-85.Maldavsky, A., “Encomenderos, indios y religiosos en la región de Arequipa (siglo XVI): restitución y formación de un territorio cristiano y señoril”, en A. Maldavsky yR. Di Stefano (eds.), Invertir en lo sagrado: salvación y dominación territorial en América y Europa (siglos XVI-XX), Santa Rosa, EdUNLPam, 2018, cap. 3, mobi.Maldavsky, A., “Finances missionnaires et salut des laïcs. La donation de Juan Clemente de Fuentes, marchand des Andes, à la Compagnie de Jésus au milieu du XVIIe siècle”, ASSR, publicación prevista en 2020.Maldavsky, A., “Giving for the Mission: The Encomenderos and Christian Space in the Andes of the Late Sixteenth Century”, en Boer W., Maldavsky A., Marcocci G. y Pavan I. (eds.), Space and Conversion in Global Perspective, Leiden-Boston, Brill, 2014, pp. 260-284.Maldavsky, A., “Teología moral, restitución y sociedad colonial en los Andes en el siglo XVI”, Revista portuguesa de teología, en prensa, 2019.Margairaz, D., Minard, P., “Le marché dans son histoire”, Revue de synthèse, 2006/2, pp. 241-252.Martínez López-Cano, M. del P., Speckman Guerra, E., Wobeser, G. von (eds.) La Iglesia y sus bienes: de la amortización a la nacionalización, México, Universidad Nacional Autónoma de México, Instituto de Investigaciones Históricas, 2004.Mauss, M., “Essai sur le don. Forme et raison de l’échange dans les sociétés archaïques (1923-1924)”, en Mauss, M., Sociologie et anthropologie, Paris, Presses universitaire de France, 1950, pp. 145-279.Mendoza, D. de, Chronica de la Provincia de San Antonio de los Charcas, Madrid, s.-e., 1665.Mills K., Idolatry and its Enemies. Colonial andean religion and extirpation, 1640-1750, Princeton, New Jersey, Princeton University Press, 1997.Mörner, M., The Political and Economic Activities of the Jesuits in the La Plata Region: The Hapsburg Era, Stockholm, Library and Institute of Ibero-American Studies, 1953.Morales Padrón, F., Teoría y leyes de la conquista, Madrid, Ediciones Cultura Hispánica del Centro Iberoamericano de Cooperación, 1979.“Nuevos avances en el estudio de las reducciones toledanas”, Bulletin of the National Museum of Ethnology, 39(1), 2014, pp. 123-167.O’Gorman, E., Destierro de sombras: luz en el origen de la imagen y culto de Nuestra Señora de Guadalupe del Tepeyac, México, Universidad nacional autónoma de México, Instituto de Investigaciones Históricas, 1986.Pompa, C., Religião como tradução: Missionários, Tupi e Tapuia no Brasil colonial, São Paulo, ANPOCS, 2003.Prodi, P. Una historia de la justicia. De la pluralidad de fueros al dualismo moderno entre conciencia y derecho, Buenos Aires-Madrid, Katz, 2008.Ragon, P., “Entre religion métisse et christianisme baroque : les catholicités mexicaines, XVIe-XVIIIe siècles», Histoire, monde et cultures religieuses, 2008/1, n°5, pp. 15-36.Ragon, P., “Histoire et christianisation en Amérique espagnole», en Kouamé, Nathalie (éd.), Historiographies d’ailleurs: comment écrit-on l’histoire en dehors du monde occidental ?, Paris, Karthala, 2014, pp. 239-248.Ramos G., Muerte y conversión en los Andes, Lima, IFEA, IEP, 2010.Rodríguez, D., Por un lugar en el cielo. Juan Martínez Rengifo y su legado a los jesuitas, 1560-1592, Lima, Universidad Nacional Mayor de San Marcos, 2005.Romano, R., Les mécanismes de la conquête coloniale: les conquistadores, Paris, Flammarion, 1972.Saignes, T., “The Colonial Condition in the Quechua-Aymara Heartland (1570–1780)”, en Salomon, F. y Schwartz, S.(eds.), The Cambridge History of theNative Peoples of the Americas. 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Roberts, Sarah T. "Digital detritus: 'Error' and the logic of opacity in social media content moderation." First Monday, March 1, 2018. http://dx.doi.org/10.5210/fm.v23i3.8283.

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The late 2016 case of the Facebook content moderation controversy over the infamous Vietnam-era photo, “The Terror of War,” is examined in this paper for both its specifics, as well as a mechanism to engage in a larger discussion of the politics and economics of the content moderation of user-generated content. In the context of mainstream commercial social media platforms, obfuscation and secrecy work together to form an operating logic of opacity, a term and concept introduced in this paper. The lack of clarity around platform policies, procedures and the values that inform them lead users to wildly different interpretations of the user experience on the same site, resulting in confusion in no small part by the platforms’ own design. Platforms operationalize their content moderation practices under a complex web of nebulous rules and procedural opacity, while governments and other actors clamor for tighter controls on some material, and other members of civil society demand greater freedoms for online expression. Few parties acknowledge the fact that mainstream social media platforms are already highly regulated, albeit rarely in such a way that can be satisfactory to all. The final turn in the paper connects the functions of the commercial content moderation process on social media platforms like Facebook to their output, being either the content that appears on a site, or content that is rescinded: digital detritus. While meaning and intent of user-generated content may often be imagined to be the most important factors by which content is evaluated for a site, this paper argues that its value to the platform as a potentially revenue-generating commodity is actually the key criterion and the one to which all moderation decisions are ultimately reduced. The result is commercialized online spaces that have far less to offer in terms of political and democratic challenge to the status quo and which, in fact, may serve to reify and consolidate power rather than confront it.
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29

Samuel, Umaru Tsaku. "Oil and Global Insecurity: Lessons from Asia, Latin America and African Oil Producing Countries." Asian Research Journal of Arts & Social Sciences, June 26, 2021, 42–55. http://dx.doi.org/10.9734/arjass/2021/v14i330240.

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This paper critically digs into history to examine the role oil played in generating war among nations. It also examines conflicts and agitations within nations as well as regime-change in the global system with their attendant consequences on global security. The discovery of oil as a major source of energy for the running of military and civilian complexes the world over, has been a blessing and a curse. Oil as a commodity has contributed in no small measure to growth and development as it helps in turning the wheels necessary for industrialization. However, the search for oil over the years by nations of the world has engendered conflicts and full-fletched wars within and among nations due to antagonistic encounter of interests. Asian and African oil producing countries are the worst hit, as established powers sponsor proxy wars, change unfriendly regimes in the name of accessing abundant oil resources with all the security implications these portend. Within the oil producing states, agitations and rebellion are commonplace in oil producing regions. The governing elites see oil revenue as opportunity for primitive accumulation leaving the people in oil producing regions in extreme poverty and deprivation in the midst of abundant wealth. The frustration and agony of the people find expression in violence and counter violence by the state reducing the oil regions to theaters of conflicts and security crises. The paper however, concluded and recommended that; oil search by the established and emerging powers should be carried out within the confines of the law. Oil producing states deserve to be respected by the international community to utilize their resources for the development of their people. There must not be interference in their internal affairs. Again, the governing elites should develop strategies for equitably distributing oil wealth among the various stake holders within the oil producing states so as to nib rebellion in the bud for the sake of international peace and security.
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Ntege, Edward. "Keeping Financial System Clean: Suppressing Terrorist Infiltration of Money or Value Transfer Services in East Africa." Journal of the Institute for African Studies, September 15, 2020, 28–38. http://dx.doi.org/10.31132/2412-5717-2020-52-3-28-38.

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This article is about understanding the vulnerability of money or value transfer services (MVTS) to terrorist infiltration in East Africa. The author also analyzes the penetration of money transfer services (MVTS) by criminals and their concealment of income as a result of criminal acts. It also examines some of the causal factors of terrorism in the East African region (EA) and describes some effective and comprehensive law enforcement measures aimed at improving the effectiveness and efficiency of the fight against terrorism in the region. The article describes how civil conflicts in the EA region have led to a lack of banking services, which in turn has made EA vulnerable to terrorist financing, further amplified by conflicts in the region that have led to internal and external displacement of migrant communities, societies, and families that rely heavily on transferring funds to dependents. The author examines the consequences of the endless civil war in Somalia by Al-Shabab and how it has led to spread of terrorism and related terrorist financing to neighboring countries. Most of those countries do not have strong anti-money laundering / terrorist financing (AML/CFT) systems. Financial services such as mobile money, Forex bureaus, and other are exposed to high levels of terrorist financing risk in the EA economy. The author goes on to explain how a weak AML / CFT system has led to difficulties or loss of access to International currency markets, and the pressure on relevant banking relationships has in turn undermined and affected the long-term growth prospects and financial accessibility of countries. This led to an increase in the cost of financial services, which negatively affected the banking ratings. Further the author considers the threat to internal and financial stability from criminal activity – in particular, the significant level of tax crimes (value-added fraud and tax evasion) that affect the flow of government revenue, thereby impeding institutional development. This article also highlights how EA member States, through the FATF regional anti-money laundering authority in Eastern and Southern Africa (ESAAMLG), should improve guidelines, strategies and capabilities, such as risk assessment, which is the basis of the MVTS provider’s risk-based approach. They should help money transfer providers understand how and to what extent their services are vulnerable to ML / TF.
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31

Bruns, Axel. "Fight for Survival." M/C Journal 6, no. 1 (February 1, 2003). http://dx.doi.org/10.5204/mcj.2142.

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All we hear is radio gaga, radio googoo, radio blahblah Radio, what’s new? Radio, someone still loves you Queen, “Radio Gaga” Someone still loves radio—and more people are beginning to discover its online form, Webcasting, as an alternative to terrestrial radio stations. Online radio allows listeners to swap local radio fare for more exotic programming, turning everyday PCs into world receivers, and offers a large variety of special-interest Webcasts catering to very genre-specific tastes. (Spinner.com, one of the largest commercial Webcasters, offers some 175 channels from Abstract Beats to Zydeco, for example.) For independent music labels whose content would never be played on mainstream terrestrial radio, Webcasting has become a major source of exposure. Unlike filesharing, however, Webcasts remain largely ephemeral: no permanent copy of radio content can be created on the user’s computer unless authorised by the Webcaster, or unless users specifically seek out software like Streambox VCR which circumvents such restrictions. Yet in the U.S. the year 2002 saw a protracted battle for the future of webcasting, waged between the Recording Industry Association of America (RIAA) and its royalty collection agency SoundExchange on one side, and a loose coalition of Webcasters on the other. Mirroring the sustained attack on filesharing services, the battle over Webcasting demonstrates once again the hardline position the RIAA has adopted in its dealings with new media music services. In the filesharing arena, we have seen the demise of early services such as Napster and their replacement with deliberately crippled, recording industry-run alternatives or more powerful underground services. In its approach to Webcasting, the RIAA similarly attempted to push through a solution that would have made Internet radio unaffordable to any but the major players in the industry. Its involvement in this fight provides a useful illustration of the shortcomings of the music industry’s strategy for dealing with new, Internet-based media. Casus Belli Prior to 2002, the battlelines had been drawn already. When the grandly named Digital Millennium Copyright Act (DMCA) became law in the U.S. in late October 1998, it introduced a requirement for royalties to be paid by online stations. Rates for such fees were to be determined according to a ‘willing buyer/willing seller’ model—in other words, they were expected to reflect what would be ‘standard’ fees in an established digital media market, as determined by an independent Copyright Arbitration Royalty Panel (CARP). Once set, royalties dating back to the date of passage of the DMCA were then to be paid retroactively by Webcasters. While agreements over performing rights (royalties due to the authors of copyrighted material) resulted in a requirement for Webcasters to pay an average rate of around 3% of their annual revenue, no decision had yet been made about royalties for sound recordings (due to the actual performers of a specific piece) as late as 2001, raising fears of a significant backlog of accumulated fees for at least three years suddenly burdening an industry which had yet to prove its profitability. Some Webcasters even pre-emptively began pulling the plug on their channels (see e.g. Borland). The Copyright Arbitration Royalty Panel (CARP) on Webcasting held its deliberations on a royalty fee structure during the second half of 2001, with submissions by the key parties. The RIAA demanded a payment of around 0.4¢ per song/ per listener. By contrast the Digital Media Association, on behalf of Webcasters, offered 0.14¢ per song/per hour (regardless of the number of listeners). The CARP recommendation markedly reduced the RIAA’s proposed fees, but retained the suggested per song/per listener royalty structure. Librarian of Congress James H. Billington rejected this recommendation but replaced it with a virtually identical model of 0.07¢ per song/per listener for commercial Webcasters, or about 18% of the original RIAA rate (Copyright Office). This still meant significant royalty fees for Webcasters: assuming an average of 10 songs per hour and 100 listeners per channel at any one time, Webcasters broadcasting only one channel, 24 hours a day, would have to pay around $6,100 per year (and this retroactively back to 1998), even though this small audience would be unlikely to generate any income. This fee punished stations for becoming moderately popular, as increasing average audience to 1000 would increase payable royalties to $61,000, while profit might still prove elusive. This was prohibitively expensive for smaller, start-up players, and contributed to a growing list of Webcasters switching off their streams in the belief that they had lost their fight for survival. By contrast U.S. terrestrial radio stations are exempt altogether from paying any royalties to the RIAA because their work is seen as providing a ‘promotional service’ to the music industry. Examining the RIAA Strategy and Its Motives Any negotiator worth their salt will make an opening offer aimed at maximising the eventual outcome of the negotiation, so the initial RIAA demand of 0.4¢ per song/per listener should perhaps be seen as ambitious. Nonetheless, the RIAA’s entire strategy in this conflict seemed geared more towards the terminal frustration of hopeful Webcaster aspirations. The strongest evidence to suggest that the RIAA never negotiated in good faith stems from June 2002 comments by erstwhile Broadcast.com founder Mark Cuban, who in 1999 was involved in negotiating a deal between his company (then newly acquired by Yahoo!) and the RIAA to set royalty rates for Broadcast.com streams. Cuban revealed that buyer and seller in this case were willing first and foremost to price out of the market any potential competition to Broadcast.com from smaller, start-up Webcast operators—this was the reason for choosing the per-song/per-listener fee structure over a percentage-of-revenue approach: I hated the [per-song/listener] price points and explained why they were too high. HOWEVER, … I, as Broadcast.com, didn’t want percent-of-revenue pricing. Why? Because it meant every “Tom, Dick, and Harry” webcaster could come in and undercut our pricing because we had revenue and they didn’t. … The Yahoo! deal I worked on, if it resembles the deal the CARP ruling was built on, was designed so that there would be less competition, and so that small webcasters who needed to live off of a “percentage-of-revenue” to survive, couldn’t. (qtd. in Maloney & Hanson) Therefore, the RIAA consciously presented to the CARP a pricing structure which was not representative of an agreement between willing buyer and seller, but rather an agreement designed to achieve specific objectives: to punish very small operators for becoming more popular, hence discouraging hobbyists from turning professional; make Webcasting unaffordable for independent, small to medium operations; open the market only to major players with significant revenue streams; encourage amalgamation of independent stations into larger networks, and incorporate networks into the bigger media organisations. Indeed, Levy cites the “testimony of an RIAA-backed economist who told the government fee panel [CARP] that a dramatic shakeout in Webcasting is ‘inevitable and desirable because it will bring about market consolidation’”—and ‘consolidation’ (thus excluding small business from the Webcasting market) was clearly the underlying motive of RIAA strategy during the fights of 2002. Reasons for such anti-competitive policies are speculative but the conduct suggests that it represents the interests of an oligopoly of major entertainment producers, defending their interests from independent and alternative upstarts emerging with the information age, whilst claiming to protect the entire music community from exploitation by digital media operators. For three years running music industry sales have been in decline, and “forecasts see sales sliding another six percent in 2003—a fall felt most by the big five music giants—Universal, Sony, Warner, EMI and BMG—which account for 70 percent of sales” (Warner & Marr). The transnationals have consistently attributed this decline to the impact of CD burning, filesharing and other Internet technologies for music transmission. Yet the RIAA was successful in shutting down Napster, and there are a host of other reasons for the downturn: There have been no major musical trends to emerge as major drivers of music sales since the advent of grunge in the early 1990s--“while record sales are dropping, they are also spreading into diverse genres” (Childress), Western economies have continued to skirt recession with a marked decrease in consumer spending, 15 years after the introduction of the CD medium, the initial waves of listeners replacing their vinyl records with CD re-releases and remasters (once a major source of income for labels) have subsided, CD prices remain high, even compared to DVD movie releases, and There is a growing backlash against the practices of an “industry founded on exploitation, oiled by deceit, riven with theft and fuelled by greed” (Fripp 9) and there are calls to boycott major labels altogether, and increased political scrutiny. Hence some observers have read the RIAA’s attacks on filesharing and Webcasts as the actions of an industry fighting for its own survival. Wired quotes former Billboard editor Timothy White as saying that 2003 “could determine whether the music business as we know it survives” (reported in Maloney, “Wired”), and this sentiment is echoed in other reports on the state of the music industry. Alternatively, analysts have noted “the industry released around 27,000 titles in 2001, down from a peak of 38,900 in 1999. Since year-on-year unit sales have dropped a mere 10.3 per cent, it’s clear that demand has held up extremely well: despite higher prices, consumers retain the CD buying habit” (Orlowski). Whether signs of an industry in decline or not, the RIAA’s uncompromising policies in its fight against unpoliced Internet music technologies have caused headaches amongst its own supporters. (A recent Wired article speaks of “civil war inside Sony” over such issues—see Rose.) The Time-Warner-Netscape-AOL conglomerate might find the benefits from its support of the RIAA will be negated by the new royalty fees required of Spinner.com in its new incarnation as ‘Radio@Netscape Plus’, or by the downturn in AOL Broadband’s ability to sign up customers as incentives such as access to filesharing and Web radio dry up. Postscript: Conflict Resolution in the Webcast Wars (?) Without significant policy shifts by the RIAA it has fallen to U.S. politicians to force an uneasy truce in the Webcast conflict. This intervention was prompted by dissatisfaction with the industry’s disregard for the stated aim of the Digital Millennium Copyright Act to cultivate not hinder business in new Internet technologies and the view that CARP had been tricked into accepting a flawed Yahoo!/RIAA deal as the basis for its fee structure recommendations. Following several attempts at legislation and emergency negotiations small Webcasters won a reprieve from the per song/per listener royalty structure which they had been threatened with, and will now pay a percentage of their revenue. This agreement is built on the “Small Webcaster Settlement Act,” which acknowledges that small Webcasters “have expressed their desire for a fee based on a percentage of revenue,” it rejects the CARP recommendations and the Librarian’s rulings as unsuitable for small operators, and instead requires the RIAA and small commercial Webcasters to develop their own structures in the spirit of this bill. While this solution generates division of the Webcast market into smaller and larger operators (and possibly makes the move from the first to the second group, who do pay per song/per listener royalties, all the more daunting), the new structure should be able to ensure its aim of protecting content diversity in Webcasting. That is until the industry finds a new battleground on which to engage Internet-based music technologies. Works Cited Borland, John. “Ad Disputes Tune Web Radio Out.” CNET News.com 11 April 2001. 9 Jan. 2003 <http://news.com.com/2100-1023-255673.htm...>. Childress, Donna J. “Boomers Key to Record Sales.” AARP: The Magazine Mar.-Apr. 2003. 12 Feb. 2003 <http://www.aarpmagazine.org/lifestyle/Ar...>. Copyright Office, Library of Congress, USA. “Summary of the Determination of the Librarian of Congress on Rates and Terms for Webcasting and Ephemeral Recordings.” 8 July. 2002. 9 Jan. 2003 <http://www.copyright.gov/carp/webcasting...>. Fripp, Robert. “Discipline Global Mobile: A Small, Mobile and Independent Record Company.” CD booklet. Space Groove. ProjeKct Two. Discipline Global Mobile, 1998. 9-10. Levy, Steven. “Labels to Net Radio: Die Now.” Newsweek 15 July 2002: 51. Lieberman, David. “States Settle CD Price-Fixing Case.” USA Today 1 Oct. 2002. 18 Jan. 2003 <http://www.usatoday.com/life/music/news/...>. Love, Courtney. “Courtney Love Does the Math.” Salon Magazine 14 June 2000. 18 Jan. 2003 <http://archive.salon.com/tech/feature/20...>. Maloney, Paul. “CARP, Congress, & Compromise: Radio and the Internet in 2002.” RAIN: Radio and Internet Newsletter, 6, 7, 8, and 13 Jan. 2003. 18 Jan. 2003 <http://www.kurthanson.com/archive/news/0...>, <http://www.kurthanson.com/archive/news/0...>, <http://www.kurthanson.com/archive/news/0...>, and <http://www.kurthanson.com/archive/news/0...>. ---. “Wired Examines Music Industry Woes in Four-Article Feature.” RAIN: Radio and Internet Newsletter, 15 Jan. 2003. 18 Jan. 2003 <http://www.kurthanson.com/archive/news/0...>. Maloney, Paul, and Kurt Hanson. “Cuban Says Yahoo!’s RIAA Deal Was Designed to Stifle Competition!” RAIN: Radio and Internet Newsletter, 24 June 2002. 9 Jan. 2003 <http://www.kurthanson.com/archive/news/0...>. Orlowski, Andrew. “Missing RIAA Figures Shoot Down ‘Piracy’ Canard.” The Register 16 Dec. 2002. 12 Feb. 2003 <http://www.theregister.co.uk/content/6/2...>. Rose, Frank. “The Civil War inside Sony.” Wired 11.02 (Feb. 2003). 12 Feb. 2003 <http://www.wired.com/wired/archive/11.02...>. Sidelsky, Barry. “Internet Radio Basics: Copyright Primer and Update.” RAIN: Radio and Internet Newsletter, 28/29 Oct. 2002. 9 Jan. 2003 <http://www.kurthanson.com/archive/news/1...> and <http://www.kurthanson.com/archive/news/1...>. “Small Webcaster Settlement Act.” U.S. Congress, 14 Nov. 2002. 9 Jan. 2003 <http://frwebgate.access.gpo.gov/cgi-bin/...>. Warner, Bernhard, and Merissa Marr. “Battered Record Execs Set to Face the Music.” Reuters 17 Jan. 2003. 18 Jan. 2003 <http://www.reuters.com/newsArticle.jhtml...> Links http://www.reuters.com/newsArticle.jhtml?type=musicNews&amp;amp;storyID=2065414 http://www.spinner.com/ http://www.boycott-riaa.com/ http://www.kurthanson.com/archive/news/010603/index.asp http://www.kurthanson.com/archive/news/010803/index.asp http://www.soundexchange.com/ http://www.theregister.co.uk/content/6/28588.html http://www.kurthanson.com/archive/news/062402/index.asp#story1 http://frwebgate.access.gpo.gov/cgi- in/getdoc.cgi?dbname=107_cong_bills&amp;amp;docid=f:h5469eas.txt.pdf http://www.kurthanson.com/archive/news/011303/index.asp#story2 http://www.kurthanson.com/archive/news/102802/index.asp http://www.aarpmagazine.org/lifestyle/Articles/a2003-01-08-recordsales http://www.broadcast.com/ http://www.kurthanson.com/archive/news/010703/index.asp http://www.kurthanson.com/silenced.asp http://www.usatoday.com/life/music/news/2002-09-30-cd-settlement_x.htm http://www.riaa.org/ http://www.digmedia.org/ http://www.yahoo.com/ http://www.google.com/search?q=streambox+vcr&amp;amp;ie=UTF-8&amp;amp;oe=UTF-8&amp;amp;hl=en&amp;amp;meta= http://radio.netscape.com/ http://www.kurthanson.com/archive/news/102902/index.asp http://www.wired.com/wired/archive/11.02/sony.html http://www.napster.com/ http://news.com.com/2100-1023-255673.html?legacy=cnet http://www.wired.com/ http://archive.salon.com/tech/feature/2000/06/14/love/ http://www.copyright.gov/carp/webcasting_rates_final.html Citation reference for this article Substitute your date of access for Dn Month Year etc... MLA Style Bruns, Axel. "Fight for Survival" M/C: A Journal of Media and Culture 6.1 (2003). Dn Month Year < http://www.media-culture.org.au/0302/07-fightforsurvival.php>. APA Style Bruns, A., (2003, Feb 26). Fight for Survival. M/C: A Journal of Media and Culture, 6,(1). Retrieved Month Dn, Year, from http://www.media-culture.org.au/0302/07-fightforsurvival.html
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32

Lambert, Anthony. "Rainbow Blindness: Same-Sex Partnerships in Post-Coalitional Australia." M/C Journal 13, no. 6 (November 17, 2010). http://dx.doi.org/10.5204/mcj.318.

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In Australia the “intimacy” of citizenship (Berlant 2), is often used to reinforce subscription to heteronormative romantic and familial structures. Because this framing promotes discourses of moral failure, recent political attention to sexuality and same-sex couples can be filtered through insights into coalitional affiliations. This paper uses contemporary shifts in Australian politics and culture to think through the concept of coalition, and in particular to analyse connections between sexuality and governmentality (or more specifically normative bias and same-sex relationships) in what I’m calling post-coalitional Australia. Against the unpredictability of changing parties and governments, allegiances and alliances, this paper suggests the continuing adherence to a heteronormatively arranged public sphere. After the current Australian Prime Minister Julia Gillard deposed the previous leader, Kevin Rudd, she clung to power with the help of independents and the Greens, and clichés of a “rainbow coalition” and a “new paradigm” were invoked to describe the confused electorate and governmental configuration. Yet in 2007, a less confused Australia decisively threw out the Howard–led Liberal and National Party coalition government after eleven years, in favour of Rudd’s own rainbow coalition: a seemingly invigorated party focussed on gender equity, Indigenous Australians, multi-cultural visibility, workplace relations, Austral-Asian relations, humane refugee processing, the environment, and the rights and obligations of same-sex couples. A post-coalitional Australia invokes something akin to “aftermath culture” (Lambert and Simpson), referring not just to Rudd’s fall or Howard’s election loss, but to the broader shifting contexts within which most Australian citizens live, and within which they make sense of the terms “Australia” and “Australian”. Contemporary Australia is marked everywhere by cracks in coalitions and shifts in allegiances and belief systems – the Coalition of the Willing falling apart, the coalition government crushed by defeat, deposed leaders, and unlikely political shifts and (re)alignments in the face of a hung parliament and renewed pushes toward moral and cultural change. These breakdowns in allegiances are followed by swift symbolically charged manoeuvres. Gillard moved quickly to repair relations with mining companies damaged by Rudd’s plans for a mining tax and to water down frustration with the lack of a sustainable Emissions Trading Scheme. And one of the first things Kevin Rudd did as Prime Minister was to change the fittings and furnishings in the Prime Ministerial office, of which Wright observed that “Mr Howard is gone and Prime Minister Kevin Rudd has moved in, the Parliament House bureaucracy has ensured all signs of the old-style gentlemen's club… have been banished” (The Age, 5 Dec. 2007). Some of these signs were soon replaced by Ms. Gillard herself, who filled the office in turn with memorabilia from her beloved Footscray, an Australian Rules football team. In post-coalitional Australia the exile of the old Menzies’ desk and a pair of Chesterfield sofas works alongside the withdrawal of troops from Iraq and renewed pledges for military presence in Afghanistan, apologising to stolen generations of Indigenous Australians, the first female Governor General, deputy Prime Minister and then Prime Minister (the last two both Gillard), the repealing of disadvantageous workplace reform, a focus on climate change and global warming (with limited success as stated), a public, mandatory paid maternity leave scheme, changes to the processing and visas of refugees, and the amendments to more than one hundred laws that discriminate against same sex couples by the pre-Gillard, Rudd-led Labor government. The context for these changes was encapsulated in an announcement from Rudd, made in March 2008: Our core organising principle as a Government is equality of opportunity. And advancing people and their opportunities in life, we are a Government which prides itself on being blind to gender, blind to economic background, blind to social background, blind to race, blind to sexuality. (Rudd, “International”) Noting the political possibilities and the political convenience of blindness, this paper navigates the confusing context of post-coalitional Australia, whilst proffering an understanding of some of the cultural forces at work in this age of shifting and unstable alliances. I begin by interrogating the coalitional impulse post 9/11. I do this by connecting public coalitional shifts to the steady withdrawal of support for John Howard’s coalition, and movement away from George Bush’s Coalition of the Willing and the War on Terror. I then draw out a relationship between the rise and fall of such affiliations and recent shifts within government policy affecting same-sex couples, from former Prime Minister Howard’s amendments to The Marriage Act 1961 to the Rudd-Gillard administration’s attention to the discrimination in many Australian laws. Sexual Citizenship and Coalitions Rights and entitlements have always been constructed and managed in ways that live out understandings of biopower and social death (Foucault History; Discipline). The disciplining of bodies, identities and pleasures is so deeply entrenched in government and law that any non-normative claim to rights requires the negotiation of existing structures. Sexual citizenship destabilises the post-coalitional paradigm of Australian politics (one of “equal opportunity” and consensus) by foregrounding the normative biases that similarly transcend partisan politics. Sexual citizenship has been well excavated in critical work from Evans, Berlant, Weeks, Richardson, and Bell and Binnie’s The Sexual Citizen which argues that “many of the current modes of the political articulation of sexual citizenship are marked by compromise; this is inherent in the very notion itself… the twinning of rights with responsibilities in the logic of citizenship is another way of expressing compromise… Every entitlement is freighted with a duty” (2-3). This logic extends to political and economic contexts, where “natural” coalition refers primarily to parties, and in particular those “who have powerful shared interests… make highly valuable trades, or who, as a unit, can extract significant value from others without much risk of being split” (Lax and Sebinius 158). Though the term is always in some way politicised, it need not refer only to partisan, multiparty or multilateral configurations. The subscription to the norms (or normativity) of a certain familial, social, religious, ethnic, or leisure groups is clearly coalitional (as in a home or a front, a club or a team, a committee or a congregation). Although coalition is interrogated in political and social sciences, it is examined frequently in mathematical game theory and behavioural psychology. In the former, as in Axelrod’s The Evolution of Cooperation, it refers to people (or players) who collaborate to successfully pursue their own self-interests, often in the absence of central authority. In behavioural psychology the focus is on group formations and their attendant strategies, biases and discriminations. Experimental psychologists have found “categorizing individuals into two social groups predisposes humans to discriminate… against the outgroup in both allocation of resources and evaluation of conduct” (Kurzban, Tooby and Cosmides 15387). The actions of social organisation (and not unseen individual, supposedly innate impulses) reflect the cultural norms in coalitional attachments – evidenced by the relationship between resources and conduct that unquestioningly grants and protects the rights and entitlements of the larger, heteronormatively aligned “ingroup”. Terror Management Particular attention has been paid to coalitional formations and discriminatory practices in America and the West since September 11, 2001. Terror Management Theory or TMT (Greenberg, Pyszczynski and Solomon) has been the main framework used to explain the post-9/11 reassertion of large group identities along ideological, religious, ethnic and violently nationalistic lines. Psychologists have used “death-related stimuli” to explain coalitional mentalities within the recent contexts of globalised terror. The fear of death that results in discriminatory excesses is referred to as “mortality salience”, with respect to the highly visible aspects of terror that expose people to the possibility of their own death or suffering. Naverette and Fessler find “participants… asked to contemplate their own deaths exhibit increases in positive evaluations of people whose attitudes and values are similar to their own, and derogation of those holding dissimilar views” (299). It was within the climate of post 9/11 “mortality salience” that then Prime Minister John Howard set out to change The Marriage Act 1961 and the Family Law Act 1975. In 2004, the Government modified the Marriage Act to eliminate flexibility with respect to the definition of marriage. Agitation for gay marriage was not as noticeable in Australia as it was in the U.S where Bush publicly rejected it, and the UK where the Civil Union Act 2004 had just been passed. Following Bush, Howard’s “queer moral panic” seemed the perfect decoy for the increased scrutiny of Australia’s involvement in the Iraq war. Howard’s changes included outlawing adoption for same-sex couples, and no recognition for legal same-sex marriages performed in other countries. The centrepiece was the wording of The Marriage Amendment Act 2004, with marriage now defined as a union “between a man and a woman to the exclusion of all others”. The legislation was referred to by the Australian Greens Senator Bob Brown as “hateful”, “the marriage discrimination act” and the “straight Australia policy” (Commonwealth 26556). The Labor Party, in opposition, allowed the changes to pass (in spite of vocal protests from one member) by concluding the legal status of same-sex relations was in no way affected, seemingly missing (in addition to the obvious symbolic and physical discrimination) the equation of same-sex recognition with terror, terrorism and death. Non-normative sexual citizenship was deployed as yet another form of “mortality salience”, made explicit in Howard’s description of the changes as necessary in protecting the sanctity of the “bedrock institution” of marriage and, wait for it, “providing for the survival of the species” (Knight, 5 Aug. 2003). So two things seem to be happening here: the first is that when confronted with the possibility of their own death (either through terrorism or gay marriage) people value those who are most like them, joining to devalue those who aren’t; the second is that the worldview (the larger religious, political, social perspectives to which people subscribe) becomes protection from the potential death that terror/queerness represents. Coalition of the (Un)willing Yet, if contemporary coalitions are formed through fear of death or species survival, how, for example, might these explain the various forms of risk-taking behaviours exhibited within Western democracies targeted by such terrors? Navarette and Fessler (309) argue that “affiliation defences are triggered by a wider variety of threats” than “existential anxiety” and that worldviews are “in turn are reliant on ‘normative conformity’” (308) or “normative bias” for social benefits and social inclusions, because “a normative orientation” demonstrates allegiance to the ingroup (308-9). Coalitions are founded in conformity to particular sets of norms, values, codes or belief systems. They are responses to adaptive challenges, particularly since September 11, not simply to death but more broadly to change. In troubled times, coalitions restore a shared sense of predictability. In Howard’s case, he seemed to say, “the War in Iraq is tricky but we have a bigger (same-sex) threat to deal with right now. So trust me on both fronts”. Coalitional change as reflective of adaptive responses thus serves the critical location of subsequent shifts in public support. Before and since September 11 Australians were beginning to distinguish between moderation and extremism, between Christian fundamentalism and productive forms of nationalism. Howard’s unwavering commitment to the American-led war in Iraq saw Australia become a member of another coalition: the Coalition of the Willing, a post 1990s term used to describe militaristic or humanitarian interventions in certain parts of the world by groups of countries. Howard (in Pauly and Lansford 70) committed Australia to America’s fight but also to “civilization's fight… of all who believe in progress and pluralism, tolerance and freedom”. Although Bush claimed an international balance of power and influence within the coalition (94), some countries refused to participate, many quickly withdrew, and many who signed did not even have troops. In Australia, the war was never particularly popular. In 2003, forty-two legal experts found the war contravened International Law as well as United Nations and Geneva conventions (Sydney Morning Herald 26 Feb. 2003). After the immeasurable loss of Iraqi life, and as the bodies of young American soldiers (and the occasional non-American) began to pile up, the official term “coalition of the willing” was quietly abandoned by the White House in January of 2005, replaced by a “smaller roster of 28 countries with troops in Iraq” (ABC News Online 22 Jan. 2005). The coalition and its larger war on terror placed John Howard within the context of coalitional confusion, that when combined with the domestic effects of economic and social policy, proved politically fatal. The problem was the unclear constitution of available coalitional configurations. Howard’s continued support of Bush and the war in Iraq compounded with rising interest rates, industrial relations reform and a seriously uncool approach to the environment and social inclusion, to shift perceptions of him from father of the nation to dangerous, dithery and disconnected old man. Post-Coalitional Change In contrast, before being elected Kevin Rudd sought to reframe Australian coalitional relationships. In 2006, he positions the Australian-United States alliance outside of the notion of military action and Western territorial integrity. In Rudd-speak the Howard-Bush-Blair “coalition of the willing” becomes F. Scott Fitzgerald’s “willingness of the heart”. The term coalition was replaced by terms such as dialogue and affiliation (Rudd, “Friends”). Since the 2007 election, Rudd moved quickly to distance himself from the agenda of the coalition government that preceded him, proposing changes in the spirit of “blindness” toward marginality and sexuality. “Fix-it-all” Rudd as he was christened (Sydney Morning Herald 29 Sep. 2008) and his Labor government began to confront the legacies of colonial history, industrial relations, refugee detention and climate change – by apologising to Aboriginal people, timetabling the withdrawal from Iraq, abolishing the employee bargaining system Workchoices, giving instant visas and lessening detention time for refugees, and signing the Kyoto Protocol agreeing (at least in principle) to reduce green house gas emissions. As stated earlier, post-coalitional Australia is not simply talking about sudden change but an extension and a confusion of what has gone on before (so that the term resembles postcolonial, poststructural and postmodern because it carries the practices and effects of the original term within it). The post-coalitional is still coalitional to the extent that we must ask: what remains the same in the midst of such visible changes? An American focus in international affairs, a Christian platform for social policy, an absence of financial compensation for the Aboriginal Australians who received such an eloquent apology, the lack of coherent and productive outcomes in the areas of asylum and climate change, and an impenetrable resistance to the idea of same-sex marriage are just some of the ways in which these new governments continue on from the previous one. The Rudd-Gillard government’s dealings with gay law reform and gay marriage exemplify the post-coalitional condition. Emulating Christ’s relationship to “the marginalised and the oppressed”, and with Gillard at his side, Rudd understandings of the Christian Gospel as a “social gospel” (Rudd, “Faith”; see also Randell-Moon) to table changes to laws discriminating against gay couples – guaranteeing hospital visits, social security benefits and access to superannuation, resembling de-facto hetero relationships but modelled on the administering and registration of relationships, or on tax laws that speak primarily to relations of financial dependence – with particular reference to children. The changes are based on the report, Same Sex, Same Entitlements (HREOC) that argues for the social competence of queer folk, with respect to money, property and reproduction. They speak the language of an equitable economics; one that still leaves healthy and childless couples with limited recognition and advantage but increased financial obligation. Unable to marry in Australia, same-sex couples are no longer single for taxation purposes, but are now simultaneously subject to forms of tax/income auditing and governmental revenue collection should either same-sex partner require assistance from social security as if they were married. Heteronormative Coalition Queer citizens can quietly stake their economic claims and in most states discreetly sign their names on a register before becoming invisible again. Mardi Gras happens but once a year after all. On the topic of gay marriage Rudd and Gillard have deferred to past policy and to the immoveable nature of the law (and to Howard’s particular changes to marriage law). That same respect is not extended to laws passed by Howard on industrial relations or border control. In spite of finding no gospel references to Jesus the Nazarene “expressly preaching against homosexuality” (Rudd, “Faith”), and pre-election promises that territories could govern themselves with respect to same sex partnerships, the Rudd-Gillard government in 2008 pressured the ACT to reduce its proposed partnership legislation to that of a relationship register like the ones in Tasmania and Victoria, and explicitly demanded that there be absolutely no ceremony – no mimicking of the real deal, of the larger, heterosexual citizens’ “ingroup”. Likewise, with respect to the reintroduction of same-sex marriage legislation by Greens senator Sarah Hanson Young in September 2010, Gillard has so far refused a conscience vote on the issue and restated the “marriage is between a man and a woman” rhetoric of her predecessors (Topsfield, 30 Sep. 2010). At the same time, she has agreed to conscience votes on euthanasia and openly declared bi-partisan (with the federal opposition) support for the war in Afghanistan. We see now, from Howard to Rudd and now Gillard, that there are some coalitions that override political differences. As psychologists have noted, “if the social benefits of norm adherence are the ultimate cause of the individual’s subscription to worldviews, then the focus and salience of a given individual’s ideology can be expected to vary as a function of their need to ally themselves with relevant others” (Navarette and Fessler 307). Where Howard invoked the “Judaeo-Christian tradition”, Rudd chose to cite a “Christian ethical framework” (Rudd, “Faith”), that saw him and Gillard end up in exactly the same place: same sex relationships should be reduced to that of medical care or financial dependence; that a public ceremony marking relationship recognition somehow equates to “mimicking” the already performative and symbolic heterosexual institution of marriage and the associated romantic and familial arrangements. Conclusion Post-coalitional Australia refers to the state of confusion borne of a new politics of equality and change. The shift in Australia from conservative to mildly socialist government(s) is not as sudden as Howard’s 2007 federal loss or as short-lived as Gillard’s hung parliament might respectively suggest. Whilst allegiance shifts, political parties find support is reliant on persistence as much as it is on change – they decide how to buffer and bolster the same coalitions (ones that continue to privilege white settlement, Christian belief systems, heteronormative familial and symbolic practices), but also how to practice policy and social responsibility in a different way. Rudd’s and Gillard’s arguments against the mimicry of heterosexual symbolism and the ceremonial validation of same-sex partnerships imply there is one originary form of conduct and an associated sacred set of symbols reserved for that larger ingroup. Like Howard before them, these post-coalitional leaders fail to recognise, as Butler eloquently argues, “gay is to straight not as copy is to original, but as copy is to copy” (31). To make claims to status and entitlements that invoke the messiness of non-normative sex acts and romantic attachments necessarily requires the negotiation of heteronormative coalitional bias (and in some ways a reinforcement of this social power). As Bell and Binnie have rightly observed, “that’s what the hard choices facing the sexual citizen are: the push towards rights claims that make dissident sexualities fit into heterosexual culture, by demanding equality and recognition, versus the demand to reject settling for heteronormativity” (141). The new Australian political “blindness” toward discrimination produces positive outcomes whilst it explicitly reanimates the histories of oppression it seeks to redress. The New South Wales parliament recently voted to allow same-sex adoption with the proviso that concerned parties could choose not to adopt to gay couples. The Tasmanian government voted to recognise same-sex marriages and unions from outside Australia, in the absence of same-sex marriage beyond the current registration arrangements in its own state. In post-coalitional Australia the issue of same-sex partnership recognition pits parties and allegiances against each other and against themselves from within (inside Gillard’s “rainbow coalition” the Rainbow ALP group now unites gay people within the government’s own party). Gillard has hinted any new proposed legislation regarding same-sex marriage may not even come before parliament for debate, as it deals with real business. Perhaps the answer lies over the rainbow (coalition). As the saying goes, “there are none so blind as those that will not see”. References ABC News Online. “Whitehouse Scraps Coalition of the Willing List.” 22 Jan. 2005. 1 July 2007 ‹http://www.abc.net.au/news/newsitems/200501/s1286872.htm›. Axelrod, Robert. The Evolution of Cooperation. New York: Basic Books, 1984. Berlant, Lauren. The Queen of America Goes to Washington City: Essays on Sex and Citizenship. Durham: Duke University Press, 1997. Bell, David, and John Binnie. The Sexual Citizen: Queer Politics and Beyond. Cambridge, England: Polity, 2000. Butler, Judith. Gender Trouble: Feminism and the Subversion of Identity. New York: Routledge, 1990. Commonwealth of Australia. Parliamentary Debates. House of Representatives 12 Aug. 2004: 26556. (Bob Brown, Senator, Tasmania.) Evans, David T. Sexual Citizenship: The Material Construction of Sexualities. London: Routledge, 1993. Foucault, Michel. Discipline and Punish: The Birth of the Prison. Trans. A. Sheridan. London: Penguin, 1991. ———. The Will to Knowledge: The History of Sexuality. Vol. 1. Trans. Robert Hurley. London: Penguin, 1998. Greenberg, Jeff, Tom Pyszczynski, and Sheldon Solomon. “The Causes and Consequences of the Need for Self-Esteem: A Terror Management Theory.” Public Self, Private Self. Ed. Roy F. Baumeister. New York: Springer-Verlag, 1986. 189-212. Human Rights and Equal Opportunity Commission. Same-Sex: Same Entitlements Report. 2007. 21 Aug. 2007 ‹http://www.hreoc.gov.au/human_rights/samesex/report/index.html›. Kaplan, Morris. Sexual Justice: Democratic Citizenship and the Politics of Desire. New York: Routledge, 1997. Knight, Ben. “Howard and Costello Reject Gay Marriage.” ABC Online 5 Aug. 2003. Kurzban, Robert, John Tooby, and Leda Cosmides. "Can Race Be Erased? Coalitional Computation and Social Categorization." Proceedings of the National Academy of Sciences 98.26 (2001): 15387–15392. Lambert, Anthony, and Catherine Simpson. "Jindabyne’s Haunted Alpine Country: Producing (an) Australian Badland." M/C Journal 11.5 (2008). 20 Oct. 2010 ‹http://journal.media-culture.org.au/index.php/mcjournal/article/view/81›. Lax, David A., and James K. Lebinius. “Thinking Coalitionally: Party Arithmetic Process Opportunism, and Strategic Sequencing.” Negotiation Analysis. Ed. H. Peyton Young. Michigan: University of Michigan Press, 1991. 153-194. Naverette, Carlos, and Daniel Fessler. “Normative Bias and Adaptive Challenges: A Relational Approach to Coalitional Psychology and a Critique of Terror Management Theory.” Evolutionary Psychology 3 (2005): 297-325. Pauly, Robert J., and Tom Lansford. Strategic Preemption: US Foreign Policy and Second Iraq War. Aldershot: Ashgate, 2005. Randall-Moon, Holly. "Neoliberal Governmentality with a Christian Twist: Religion and Social Security under the Howard-Led Australian Government." Eds. Michael Bailey and Guy Redden. Mediating Faiths: Religion and Socio- Cultural Change in the Twenty-First Century. Farnham: Ashgate, in press. Richardson, Diane. Rethinking Sexuality. London: Sage, 2000. Rudd, Kevin. “Faith in Politics.” The Monthly 17 (2006). 31 July 2007 ‹http://www.themonthly.com.au/monthly-essays-kevin-rudd-faith-politics--300›. Rudd, Kevin. “Friends of Australia, Friends of America, and Friends of the Alliance That Unites Us All.” Address to the 15th Australian-American Leadership Dialogue. The Australian, 24 Aug. 2007. 13 Mar. 2008 ‹http://www.theaustralian.com.au/national-affairs/climate/kevin-rudds-address/story-e6frg6xf-1111114253042›. Rudd, Kevin. “Address to International Women’s Day Morning Tea.” Old Parliament House, Canberra, 11 Mar. 2008. 1 Oct. 2010 ‹http://pmrudd.archive.dpmc.gov.au/node/5900›. Sydney Morning Herald. “Coalition of the Willing? Make That War Criminals.” 26 Feb. 2003. 1 July 2007 ‹http://www.smh.com.au/articles/2003/02/25/1046064028608.html›. Topsfield, Jewel. “Gillard Rules Out Conscience Vote on Gay Marriage.” The Age 30 Sep. 2010. 1 Oct. 2010 ‹http://www.theage.com.au/national/gillard-rules-out-conscience-vote-on-gay-marriage-20100929-15xgj.html›. Weeks, Jeffrey. "The Sexual Citizen." Theory, Culture and Society 15.3-4 (1998): 35-52. Wright, Tony. “Suite Revenge on Chesterfield.” The Age 5 Dec. 2007. 4 April 2008 ‹http://www.theage.com.au/news/national/suite-revenge-on-chesterfield/2007/12/04/1196530678384.html›.
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Lavers, Katie. "Cirque du Soleil and Its Roots in Illegitimate Circus." M/C Journal 17, no. 5 (October 25, 2014). http://dx.doi.org/10.5204/mcj.882.

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Abstract:
IntroductionCirque du Soleil, the largest live entertainment company in the world, has eight standing shows in Las Vegas alone, KÀ, Love, Mystère, Zumanity, Believe, Michael Jackson ONE, Zarkana and O. Close to 150 million spectators have seen Cirque du Soleil shows since the company’s beginnings in 1984 and it is estimated that over 15 million spectators will see a Cirque du Soleil show in 2014 (Cirque du Soleil). The Cirque du Soleil concept of circus as a form of theatre, with simple, often archetypal, narrative arcs conveyed without words, virtuoso physicality with the circus artists presented as characters in a fictional world, cutting-edge lighting and visuals, extraordinary innovative staging, and the uptake of new technology for special effects can all be linked back to an early form of circus which is sometimes termed illegitimate circus. In the late 18th century and early 19th century, in the age of Romanticism, only two theatres in London, Covent Garden and Drury Lane, plus the summer theatre in the Haymarket, had royal patents allowing them to produce plays or text-based productions, and these were considered legitimate theatres. (These theatres retained this monopoly until the Theatre Regulation Act of 1843; Saxon 301.) Other circuses and theatres such as Astley’s Amphitheatre, which were precluded from performing text-based works by the terms of their licenses, have been termed illegitimate (Moody 1). Perversely, the effect of licensing venues in this way, instead of having the desired effect of enshrining some particular forms of expression and “casting all others beyond the cultural pale,” served instead to help to cultivate a different kind of theatrical landscape, “a theatrical terrain with a new, rich and varied dramatic ecology” (Reed 255). A fundamental change to the theatrical culture of London took place, and pivotal to “that transformation was the emergence of an illegitimate theatrical culture” (Moody 1) with circus at its heart. An innovative and different form of performance, a theatre of the body, featuring spectacle and athleticism emerged, with “a sensuous, spectacular aesthetic largely wordless except for the lyrics of songs” (Bratton 117).This writing sets out to explore some of the strong parallels between the aesthetic that emerged in this early illegitimate circus and the aesthetic of the Montreal-based, multi-billion dollar entertainment empire of Cirque du Soleil. Although it is not fighting against legal restrictions and can in no way be considered illegitimate, the circus of Cirque du Soleil can be seen to be the descendant of the early circus entrepreneurs and their illegitimate aesthetic which arose out of the desire to find ways to continue to attract audiences to their shows in spite of the restrictions of the licenses granted to them. BackgroundCircus has served as an inspiration for many innovatory theatre productions including Peter Brook’s Midsummer Night’s Dream (1970) and Tom Stoppard’s Jumpers (1972) as well as the earlier experiments of Meyerhold, Eisenstein, Mayakovsky and other Soviet directors of the 1920’s (Saxon 299). A. H. Saxon points out, however, that the relationship between circus and theatre is a long-standing one that begins in the late 18th century and the early 19th century, when circus itself was theatre (Saxon 299).Modern circus was founded in London in 1768 by an ex-cavalryman and his wife, Philip and Patty Astley, and consisted of spectacular stunt horse riding taking place in a ring, with acts from traditional fairs such as juggling, acrobatics, clowning and wire-walking inserted to cover the changeovers between riding acts. From the very first shows entry was by paid ticket only and the early history of circus was driven by innovative, risk-taking entrepreneurs such as Philip Astley, who indeed built so many new amphitheatres for his productions that he became known as Amphi-Philip (Jando). After years of legal tussles with the authorities concerning the legal status of this new entertainment, a limited license was finally granted in 1783 for Astley’s Amphitheatre. This license precluded the performing of plays, anything text-based, or anything which had a script that resembled a play. Instead the annual license granted allowed only for “public dancing and music” and “other public entertainments of like kind” (St. Leon 9).Corporeal Dramaturgy and TextIn the face of the ban on scripted text, illegitimate circus turned to the human body and privileged it as a means of dramatic expression. A resultant dramaturgy focusing on the expressive capabilities of the performers’ bodies emerged. “The primacy of rhetoric and the spoken word in legitimate drama gave way […] to a corporeal dramaturgy which privileged the galvanic, affective capacity of the human body as a vehicle of dramatic expression” (Moody 83). Moody proposes that the “iconography of illegitimacy participated in a broader cultural and scientific transformation in which the human body began to be understood as an eloquent compendium of visible signs” (83). Even though the company has the use of text and dramatic dialogue freely available to it, Cirque du Soleil, shares this investment in the bodies of the performers and their “galvanic, affective capacity” (83) to communicate with the audience directly without the use of a scripted text, and this remains a constant between the two forms of circus. Robert Lepage, the director of two Cirque du Soleil shows, KÀ (2004) and more recently Totem (2010), speaking about KÀ in 2004, said, “We wanted it to be an epic story told not with the use of words, but with the universal language of body movement” (Lepage cited in Fink).In accordance with David Graver’s system of classifying performers’ bodies, Cirque du Soleil’s productions most usually present performers’ ‘character bodies’ in which the performers are understood by spectators to be playing fictional roles or characters (Hurley n/p) and this was also the case with illegitimate circus which right from its very beginnings presented its performers within narratives in which the performers are understood to be playing characters. In Cirque du Soleil’s shows, as with illegitimate circus, this presentation of the performers’ character bodies is interspersed with acts “that emphasize the extraordinary training and physical skill of the performers, that is which draw attention to the ‘performer body’ but always within the context of an overall narrative” (Fricker n.p.).Insertion of Vital TextAfter audience feedback, text was eventually added into KÀ (2004) in the form of a pre-recorded prologue inserted to enable people to follow the narrative arc, and in the show Wintuk (2007) there are tales that are sung by Jim Comcoran (Leroux 126). Interestingly early illegitimate circus creators, in their efforts to circumvent the ban on using dramatic dialogue, often inserted text into their performances in similar ways to the methods Cirque du Soleil chose for KÀ and Wintuk. Illegitimate circus included dramatic recitatives accompanied by music to facilitate the following of the storyline (Moody 28) in the same way that Cirque du Soleil inserted a pre-recorded prologue to KÀ to enable audience members to understand the narrative. Performers in illegitimate circus often conveyed essential information to the audience as lyrics of songs (Bratton 117) in the same way that Jim Comcoran does in Wintuk. Dramaturgical StructuresAstley from his very first circus show in 1768 began to set his equestrian stunts within a narrative. Billy Button’s Ride to Brentford (1768), showed a tailor, a novice rider, mounting backwards, losing his belongings and being thrown off the horse when it bucks. The act ends with the tailor being chased around the ring by his horse (Schlicke 161). Early circus innovators, searching for dramaturgy for their shows drew on contemporary warfare, creating vivid physical enactments of contemporary battles. They also created a new dramatic form known as Hippodramas (literally ‘horse dramas’ from hippos the Attic Greek for Horse), a hybridization of melodrama and circus featuring the trick riding skills of the early circus pioneers. The narrative arcs chosen were often archetypal or sourced from well-known contemporary books or poems. As Moody writes, at the heart of many of these shows “lay an archetypal narrative of the villainous usurper finally defeated” (Moody 30).One of the first hippodramas, The Blood Red Knight, opened at Astley’s Amphitheatre in 1810.Presented in dumbshow, and interspersed with grand chivalric processions, the show featured Alphonso’s rescue of his wife Isabella from her imprisonment and forced marriage to the evil knight Sir Rowland and concluded with the spectacular, fiery destruction of the castle and Sir Rowland’s death. (Moody 69)Another later hippodrama, The Spectre Monarch and his Phantom Steed, or the Genii Horseman of the Air (1830) was set in China where the rightful prince was ousted by a Tartar usurper who entered into a pact with the Spectre Monarch and received,a magic ring, by aid of which his unlawful desires were instantly gratified. Virtue, predictably won out in the end, and the discomforted villain, in a final settling of accounts with his dread master was borne off through the air in a car of fire pursued by Daemon Horsemen above THE GREAT WALL OF CHINA. (Saxon 303)Karen Fricker writes of early Cirque du Soleil shows that “while plot is doubtless too strong a word, each of Cirque’s recent shows has a distinct concept or theme, that is urbanity for Saltimbanco; nomadism in Varekai (2002) and humanity’s clownish spirit for Corteo (2005), and tend to follow the same very basic storyline, which is not narrated in words but suggested by the staging that connects the individual acts” (Fricker n/p). Leroux describes the early Cirque du Soleil shows as following a “proverbial and well-worn ‘collective transformation trope’” (Leroux 122) whilst Peta Tait points out that the narrative arc of Cirque du Soleil “ might be summarized as an innocent protagonist, often female, helped by an older identity, seemingly male, to face a challenging journey or search for identity; more generally, old versus young” (Tait 128). However Leroux discerns an increasing interest in narrative devices such as action and plot in Cirque du Soleil’s Las Vegas productions (Leroux 122). Fricker points out that “with KÀ, what Cirque sought – and indeed found in Lepage’s staging – was to push this storytelling tendency further into full-fledged plot and character” (Fricker n/p). Telling a story without words, apart from the inserted prologue, means that the narrative arc of Kà is, however, very simple. A young prince and princess, twins in a mythical Far Eastern kingdom, are separated when a ceremonial occasion is interrupted by an attack by a tribe of enemy warriors. A variety of adventures follow, most involving perilous escapes from bad guys with flaming arrows and fierce-looking body tattoos. After many trials, a happy reunion arrives. (Isherwood)This increasing emphasis on developing a plot and a narrative arc positions Cirque as moving closer in dramaturgical aesthetic to illegitimate circus.Visual TechnologiesTo increase the visual excitement of its shows and compensate for the absence of spoken dialogue, illegitimate circus in the late 18th and early 19th century drew on contemporaneous and emerging visual technologies. Some of the new visual technologies that Astley’s used have been termed pre-cinematic, including the panorama (or diorama as it is sometimes called) and “the phantasmagoria and other visual machines… [which] expanded the means through which an audience could be addressed” (O’Quinn, Governance 312). The panorama or diorama ran in the same way that a film runs in an analogue camera, rolling between vertical rollers on either side of the stage. In Astley’s production The Siege and Storming of Seringapatam (1800) he used another effect almost equivalent to a modern day camera zoom-in by showing scenic back drops which, as they moved through time, progressively moved geographically closer to the battle. This meant that “the increasing enlargement of scale-each successive scene has a smaller geographic space-has a telescopic event. Although the size of the performance space remains constant, the spatial parameters of the spectacle become increasingly magnified” (O’Quinn, Governance 345). In KÀ, Robert Lepage experiments with “cinematographic stage storytelling on a very grand scale” (Fricker n.p.). A KÀ press release (2005) from Cirque du Soleil describes the show “as a cinematic journey of aerial adventure” (Cirque du Soleil). Cirque du Soleil worked with ground-breaking visual technologies in KÀ, developing an interactive projected set. This involves the performers controlling what happens to the projected environment in real time, with the projected scenery responding to their movements. The performers’ movements are tracked by an infra-red sensitive camera above the stage, and by computer software written by Interactive Production Designer Olger Förterer. “In essence, what we have is an intelligent set,” says Förterer. “And everything the audience sees is created by the computer” (Cirque du Soleil).Contemporary Technology Cutting edge technologies, many of which came directly from contemporaneous warfare, were introduced into the illegitimate circus performance space by Astley and his competitors. These included explosions using redfire, a new military explosive that combined “strontia, shellac and chlorate of potash, [which] produced […] spectacular flame effects” (Moody 28). Redfire was used for ‘blow-ups,’ the spectacular explosions often occurring at the end of the performance when the villain’s castle or hideout was destroyed. Cirque du Soleil is also drawing on contemporary military technology for performance projects. Sparked: A Live interaction between Humans and Quadcopters (2014) is a recent short film released by Cirque du Soleil, which features the theatrical use of drones. The new collaboration between Cirque du Soleil, ETH Zurich and Verity Studios uses 10 quadcopters disguised as animated lampshades which take to the air, “carrying out the kinds of complex synchronized dance manoeuvres we usually see from the circus' famed acrobats” (Huffington Post). This shows, as with early illegitimate circus, the quick theatrical uptake of contemporary technology originally developed for use in warfare.Innovative StagingArrighi writes that the performance space that Astley developed was a “completely new theatrical configuration that had not been seen in Western culture before… [and] included a circular ring (primarily for equestrian performance) and a raised theatre stage (for pantomime and burletta)” (177) joined together by ramps that were large enough and strong enough to allow horses to be ridden over them during performances. The stage at Astley’s Amphitheatre was said to be the largest in Europe measuring over 130 feet across. A proscenium arch was installed in 1818 which could be adjusted in full view of the audience with the stage opening changing anywhere in size from forty to sixty feet (Saxon 300). The staging evolved so that it had the capacity to be multi-level, involving “immense [moveable] platforms or floors, rising above each other, and extending the whole width of the stage” (Meisel 214). The ability to transform the stage by the use of draped and masked platforms which could be moved mechanically, proved central to the creation of the “new hybrid genre of swashbuckling melodramas on horseback, or ‘hippodramas’” (Kwint, Leisure 46). Foot soldiers and mounted cavalry would fight their way across the elaborate sets and the production would culminate with a big finale that usually featured a burning castle (Kwint, Legitimization 95). Cirque du Soleil’s investment in high-tech staging can be clearly seen in KÀ. Mark Swed writes that KÀ is, “the most lavish production in the history of Western theatre. It is surely the most technologically advanced” (Swed). With a production budget of $165 million (Swed), theatre designer Michael Fisher has replaced the conventional stage floor with two huge moveable performance platforms and five smaller platforms that appear to float above a gigantic pit descending 51 feet below floor level. One of the larger platforms is a tatami floor that moves backwards and forwards, the other platform is described by the New York Times as being the most thrilling performer in the show.The most consistently thrilling performer, perhaps appropriately, isn't even human: It's the giant slab of machinery that serves as one of the two stages designed by Mark Fisher. Here Mr. Lepage's ability to use a single emblem or image for a variety of dramatic purposes is magnified to epic proportions. Rising and falling with amazing speed and ease, spinning and tilting to a full vertical position, this huge, hydraulically powered game board is a sandy beach in one segment, a sheer cliff wall in another and a battleground, viewed from above, for the evening's exuberantly cinematic climax. (Isherwood)In the climax a vertical battle is fought by aerialists fighting up and down the surface of the sand stone cliff with defeated fighters portrayed as tumbling down the surface of the cliff into the depths of the pit below. Cirque du Soleil’s production entitled O, which phonetically is the French word eau meaning water, is a collaboration with director Franco Dragone that has been running at Las Vegas’ Bellagio Hotel since 1998. O has grossed over a billion dollars since it opened in 1998 (Sylt and Reid). It is an aquatic circus or an aquadrama. In 1804, Charles Dibdin, one of Astley’s rivals, taking advantage of the nearby New River, “added to the accoutrements of the Sadler’s Wells Theatre a tank three feet deep, ninety feet long and as wide as twenty-four feet which could be filled with water from the New River” (Hays and Nickolopoulou 171) Sadler’s Wells presented aquadramas depicting many reconstructions of famous naval battles. One of the first of these was The Siege of Gibraltar (1804) that used “117 ships designed by the Woolwich Dockyard shipwrights and capable of firing their guns” (Hays and Nickolopoulou 5). To represent the drowning Spanish sailors saved by the British, “Dibdin used children, ‘who were seen swimming and affecting to struggle with the waves’”(5).O (1998) is the first Cirque production to be performed in a proscenium arch theatre, with the pool installed behind the proscenium arch. “To light the water in the pool, a majority of the front lighting comes from a subterranean light tunnel (at the same level as the pool) which has eleven 4" thick Plexiglas windows that open along the downstage perimeter of the pool” (Lampert-Greaux). Accompanied by a live orchestra, performers dive into the 53 x 90 foot pool from on high, they swim underwater lit by lights installed in the subterranean light tunnel and they also perform on perforated platforms that rise up out of the water and turn the pool into a solid stage floor. In many respects, Cirque du Soleil can be seen to be the inheritors of the spectacular illegitimate circus of the 18th and 19th Century. The inheritance can be seen in Cirque du Soleil’s entrepreneurial daring, the corporeal dramaturgy privileging the affective power of the body over the use of words, in the performers presented primarily as character bodies, and in the delivering of essential text either as a prologue or as lyrics to songs. It can also be seen in Cirque du Soleil’s innovative staging design, the uptake of military based technology and the experimentation with cutting edge visual effects. Although re-invigorating the tradition and creating spectacular shows that in many respects are entirely of the moment, Cirque du Soleil’s aesthetic roots can be clearly seen to draw deeply on the inheritance of illegitimate circus.ReferencesBratton, Jacky. “Romantic Melodrama.” The Cambridge Companion to British Theatre 1730-1830. Eds. Jane Moody and Daniel O'Quinn. Cambridge: Cambridge University, 2007. 115-27. Bratton, Jacky. “What Is a Play? Drama and the Victorian Circus in the Performing Century.” Nineteenth-Century Theatre’s History. Eds. Tracey C. Davis and Peter Holland. Hampshire, UK: Palgrave Macmillan, 2007. 250-62.Cavendish, Richard. “Death of Madame Tussaud.” History Today 50.4 (2000). 15 Aug. 2014 ‹http://www.historytoday.com/richard-cavendish/death-madame-tussaud›.Cirque du Soleil. 2014. 10 Sep. 2014 ‹http://www.cirquedusoleil.com/en/home/about-us/at-a-glance.aspx›.Davis, Janet M. The Circus Age: Culture and Society under the American Big Top. Chapel Hill and London: University of North Carolina Press, 2002. Hays, Michael, and Anastasia Nikolopoulou. Melodrama: The Cultural Emergence of a Genre. New York: Palgrave Macmillan, 1999.House of Dancing Water. 2014. 17 Aug. 2014 ‹http://thehouseofdancingwater.com/en/›.Isherwood, Charles. “Fire, Acrobatics and Most of All Hydraulics.” New York Times 5 Feb. 2005. 12 Sep. 2014 ‹http://www.nytimes.com/2005/02/05/theater/reviews/05cirq.html?_r=0›.Fink, Jerry. “Cirque du Soleil Spares No Cost with Kà.” Las Vegas Sun 2004. 17 Sep. 2014 ‹http://www.lasvegassun.com/news/2004/sep/16/cirque-du-soleil-spares-no-cost-with-ka/›.Fricker, Karen. “Le Goût du Risque: Kà de Robert Lepage et du Cirque du Soleil.” (“Risky Business: Robert Lepage and the Cirque du Soleil’s Kà.”) L’Annuaire théâtral 45 (2010) 45-68. Trans. Isabelle Savoie. (Original English Version not paginated.)Hurley, Erin. "Les Corps Multiples du Cirque du Soleil." Globe: Revue Internationale d’Études Quebecoise. Les Arts de la Scene au Quebec, 11.2 (2008). (Original English n.p.)Jacob, Pascal. The Circus Artist Today: Analysis of the Key Competences. Brussels: FEDEC: European Federation of Professional Circus Schools, 2008. 5 June 2010 ‹http://sideshow-circusmagazine.com/research/downloads/circus-artist-today-analysis-key-competencies›.Jando, Dominique. “Philip Astley, Circus Owner, Equestrian.” Circopedia. 15 Sep. 2014 ‹http://www.circopedia.org/Philip_Astley›.Kwint, Marius. “The Legitimization of Circus in Late Georgian England.” Past and Present 174 (2002): 72-115.---. “The Circus and Nature in Late Georgian England.” Histories of Leisure. Ed. Rudy Koshar. Oxford: Berg Publishers, 2002. 45-60. ---. “The Theatre of War.” History Today 53.6 (2003). 28 Mar. 2012 ‹http://www.historytoday.com/marius-kwint/theatre-war›.Lampert-Greaux, Ellen. “The Wizardry of O: Cirque du Soleil Takes the Plunge into an Underwater World.” livedesignonline 1999. 17 Aug. 2014 ‹http://livedesignonline.com/mag/wizardry-o-cirque-du-soleil-takes-plunge-underwater-world›.Lavers, Katie. “Sighting Circus: Perceptions of Circus Phenomena Investigated through Diverse Bodies.” Doctoral Thesis. Perth, WA: Edith Cowan University, 2014. Leroux, Patrick Louis. “The Cirque du Soleil in Las Vegas: An American Striptease.” Revista Mexicana de Estudio Canadiens (Nueva Época) 16 (2008): 121-126.Mazza, Ed. “Cirque du Soleil’s Drone Video ‘Sparked’ is Pure Magic.” Huffington Post 22 Sep. 2014. 23 Sep. 2014 ‹http://www.huffingtonpost.com/2014/09/22/cirque-du-soleil-sparked-drone-video_n_5865668.html›.Meisel, Martin. Realizations: Narrative, Pictorial and Theatrical Arts in Nineteenth-Century England. Princeton, New Jersey: Princeton University Press, 1983.Moody, Jane. Illegitimate Theatre in London, 1770-1840. Cambridge: Cambridge University Press, 2000. O'Quinn, Daniel. Staging Governance: Teatrical Imperialism in London 1770-1800. Baltimore, Maryland, USA: Johns Hopkins University Press, 2005. O'Quinn, Daniel. “Theatre and Empire.” The Cambridge Companion to British Theatre 1730-1830. Eds. Jane Moody and Daniel O'Quinn. Cambridge: Cambridge University Press, 2007. 233-46. Reed, Peter P. “Interrogating Legitimacy in Britain and America.” The Oxford Handbook of Georgian Theatre. Eds. Julia Swindells and Francis David. Oxford: Oxford University Press, 2014. 247-264.Saxon, A.H. “The Circus as Theatre: Astley’s and Its Actors in the Age of Romanticism.” Educational Theatre Journal 27.3 (1975): 299-312.Schlicke, P. Dickens and Popular Entertainment. London: Unwin Hyman, 1985.St. Leon, Mark. Circus: The Australian Story. Melbourne: Melbourne Books, 2011. Stoddart, Helen. Rings of Desire: Circus History and Representation. Manchester: Manchester University Press, 2000. Swed, Mark. “Epic, Extravagant: In Ka the Acrobatics and Dazzling Special Effects Are Stunning and Enchanting.” Los Angeles Times 5 Feb. 2005. 22 Aug. 2014 ‹http://articles.latimes.com/2005/feb/05/entertainment/et-ka5›.Sylt, Cristian, and Caroline Reid. “Cirque du Soleil Swings to $1bn Revenue as It Mulls Shows at O2.” The Independent Oct. 2011. 14 Sep. 2014 ‹http://www.independent.co.uk/news/business/news/cirque-du-soleil-swings-to-1bn-revenue-as-it-mulls-shows-at-o2-2191850.html›.Tait, Peta. Circus Bodies: Cultural Identity in Aerial Performance. London: Routledge, 2005.Terdiman, Daniel. “Flying Lampshades: Cirque du Soleil Plays with Drones.” CNet 2014. 22 Sept 2014 ‹http://www.cnet.com/news/flying-lampshades-the-cirque-du-soleil-plays-with-drones/›.Venables, Michael. “The Technology Behind the Las Vegas Magic of Cirque du Soleil.” Forbes Magazine 30 Aug. 2013. 16 Aug. 2014 ‹http://www.forbes.com/sites/michaelvenables/2013/08/30/technology-behind-the-magical-universe-of-cirque-du-soleil-part-one/›.
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34

Daniel, Ryan. "Artists and the Rite of Passage North to the Temperate Zone." M/C Journal 20, no. 6 (December 31, 2017). http://dx.doi.org/10.5204/mcj.1357.

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IntroductionThree broad stages of Australia’s arts and culture sectors may be discerned with reference to the Northern Hemisphere. The first is in Australia’s early years where artists travelled to the metropoles of Europe to learn from acknowledged masters, to view the great works and to become part of a broader cultural scene. The second is where Australian art was promoted internationally, which to some extent began in the 1960s with exhibitions such as the 1961 ‘Survey of recent Australian painting’ at the Whitechapel gallery. The third relates to the strong promotion and push to display and sell Indigenous art, which has been a key area of focus since the 1970s.The Allure of the NorthFor a long time Australasian artists have mostly travelled to Britain (Britain) or Europe (Cooper; Frost; Inkson and Carr), be they writers, painters or musicians for example. Hecq (36) provides a useful overview of the various periods of expatriation from Australia, referring to the first significant phase at the end of the twentieth century when many painters left “to complete their atelier instruction in Paris and London”. Many writers also left for the north during this time, with a number of women travelling overseas on account of “intellectual pressures as well as intellectual isolation”(Hecq 36). Among these, Miles Franklin left Australia in “an open act of rebellion against the repressive environment of her family and colonial culture” (37). There also existed “a belief that ‘there’ is better than ‘here’” (de Groen vii) as well as a “search for the ideal” (viii). World War I led to stronger Anglo-Australian relations hence an increase in expatriation to Europe and Britain as well as longer-term sojourns. These increased further in the wake of World War II. Hecq describes how for many artists, there was significant discontent with Australian provincialism and narrow-mindedness, as well as a desire for wider audiences and international recognition. Further, Hecq describes how Europe became something of a “dreamland”, with numerous artists influenced by their childhood readings about this part of the world and a sense of the imaginary or the “other”. This sense of a dream is described beautifully by McAuliffe (56), who refers to the 1898 painting by A.J. Daplyn as a “melancholic diagram of the nineteenth-century Australian artist’s world, tempering the shimmering allure of those northern lights with the shadowy, somnolent isolation of the south”.Figure 1: The Australian Artist’s Dream of Europe; A.J. Daplyn, 1898 (oil on canvas; courtesy artnet.com)In ‘Some Other Dream’, de Groen presents a series of interviews with expatriate Australian artists and writers as an insight into what drove each to look north and to leave Australia, either temporarily or permanently. Here are a few examples:Janet Alderson: “I desperately wanted to see what was going on” (2)Robert Jacks: “the dream of something else. New York is a dream for lots of people” (21)Bruce Latimer: “I’d always been interested in America, New York in particular” (34)Jeffrey Smart: “Australia seemed to be very dull and isolated, and Italy seemed to be thrilling and modern” (50)Clement Meadmore: “I never had much to do with what was happening in Melbourne: I was never accepted there” (66)Stelarc: “I was interested in traditional Japanese art and the philosophy of Zen” (80)Robert Hughes: “I’d written everything that I’d wanted to write about Australian art and this really dread prospect was looming up of staying in Australia for the rest of one’s life” (128)Max Hutchison: “I quickly realised that Melbourne was a non-art consuming city” (158)John Stringer: “I was not getting the latitude that I wanted at the National Gallery [in Australia] … the prospects of doing other good shows seemed rather slim” (178)As the testimony here suggests, the allure of the north ranges from dissatisfaction with the south to the attraction of various parts of the world in the north.More recently, McAuliffe describes a shift in the impact of the overseas experience for many artists. Describing them as business travellers, he refers to the fact that artists today travel to meet international art dealers and to participate in exhibitions, art fairs and the like. Further, he argues that the risk today lies in “disorientation and distraction rather than provincial timidity” (McAuliffe 56). That is, given the ease and relatively cheap costs of international travel, McAuliffe argues that the challenge is in adapting to constantly changing circumstances, rather than what are now arguably dated concepts of cultural cringe or tyranny of distance. Further, given the combination of “cultural nationalism, social cosmopolitanism and information technology”, McAuliffe (58) argues that the need to expatriate is no longer a requirement for success.Australian Art Struggles InternationallyThe struggles for Australian art as a sector to succeed internationally, particularly in Britain, Europe and the US, are well documented (Frost; Robertson). This is largely due to Australia’s limited history of white settlement and established canon of great art works, the fact that power and position remain strong hence the dominance of Europe and North America in the creative arts field (Bourdieu), as well as Australia’s geographical isolation from the major art centres of the world, with Heartney (63) describing the “persistent sense of isolation of the Australian art world”. While Australia has had considerable success internationally in terms of its popular music (e.g. INXS, Kylie Minogue, The Seekers) and high-profile Hollywood actors (e.g. Geoffrey Rush, Hugh Jackman, Nicole Kidman), the visual arts in particular have struggled (O’Sullivan), including the Indigenous visual arts subsector (Stone). One of the constant criticisms in the visual art world is that Australian art is too focussed on place (e.g. the Australian outback) and not global art movements and trends (Robertson). While on the one hand he argues that Australian visual artists have made some inroads and successes in the international market, McAuliffe (63) tempers this with the following observation:Australian artists don’t operate at the white-hot heart of the international art market: there are no astronomical prices and hotly contested bidding wars. International museums acquire Australian art only rarely, and many an international survey exhibition goes by with no Australian representation.The Push to Sell Australian Cultural Product in the NorthWriting in the mid-nineties at the time of the release of the national cultural policy Creative Nation, the then prime minister Paul Keating identified a need for Australia as a nation to become more competitive internationally in terms of cultural exports. This is a theme that continues today. Recent decades have seen several attempts to promote Australian visual art overseas and in particular Indigenous art; this has come with mixed success. However, there have been misconceptions in the past and hence numerous challenges associated with promoting and selling Aboriginal art in international markets (Wright). One of the problems is that a lot of Europeans “have often seen bad examples of Aboriginal Art” (Anonymous 69) and it is typically the art work which travels north, less so the Indigenous artists who create them and who can talk to them and engage with audiences. At the same time, the Indigenous art sector remains a major contributor to the Australian art economy (Australia Council). While there are some examples of successful Australian art managers operating galleries overseas in such places as London and in the US (Anonymous-b), these are limited and many have had to struggle to gain recognition for their artists’ works.Throsby refers to the well-established fact that the international art market predominantly resides in the US and in Europe (including Britain). Further, Throsby (64) argues that breaking into this market “is a daunting task requiring resources, perseverance, a quality product, and a good deal of luck”. Referring specifically to Indigenous Australian art, Throsby (65) reveals how leading European fairs such as those at Basel and Cologne, displaying breath-taking ignorance if not outright stupidity, have vetoed Aboriginal works on the grounds that they are folk art. This saga continues to the present day, and it still remains to be seen whether these fairs will eventually wake up to themselves.It is also presented in an issue of Artlink that the “challenge is to convince European buyers of the value of Australian art, even though the work is comparatively inexpensive” (Anonymous 69). Is the Rite of Passage Relevant in the 21st Century?Some authors challenge the notion that the rite of passage to the northern hemisphere is a requirement for success for an Australian artist (Frost). This challenge is worthy of unpacking in the second decade of the twenty-first century, and particularly so in what is being termed the Asian century (Bice and Sullivan; Wesley). Firstly, Australia is far closer to Asia than it is to Europe and North America. Secondly, the Asian population is expected to continue to experience rapid economic and population growth, for example the rise of the middle class in China, potentially representing new markets for the consumption of creative product. Lee and Lim refer to the rapid economic modernisation and growth in East Asia (Japan to Singapore). Hence, given the struggles that are often experienced by Australian artists and dealers in attempting to break into the art markets of Europe and North America, it may be more constructive to look towards Asia as an alternative north and place for Australian creative product. Fourthly, many Asian countries are investing heavily in their creative industries and creative economy (Kim and Kim; Kong), hence representing an opportune time for Australian creative practitioners to explore new connections and partnerships.In the first half of the twentieth century, Australians felt compelled to travel north to Europe, especially, if they wanted to engage with the great art teachers, galleries and art works. Today, with the impact of technology, engaging with the art world can be achieved much more readily and quickly, through “increasingly transnational forms of cultural production, distribution and consumption” (Rowe et al. 8). This recent wave of technological development has been significant (Guerra and Kagan), in relation to online communication (e.g. skype, email), social media (e.g. Facebook, Twitter) as well as content available on the Web for both informal and formal learning purposes. Artists anywhere in the world can now connect online while also engaging with what is an increasing field of virtual museums and galleries. For example, the Tate Gallery in London has over 70,000 artworks in its online art database which includes significant commentary on each work. While online engagement does not necessarily enable an individual to have the lived experience of a gallery walk-through or to be an audience member at a live performance in an outstanding international venue, online technologies have made it much easier for developing artists to engage from anywhere in the world. This certainly makes the ‘tyranny of distance’ factor relevant to Australia somewhat more manageable.There is also a developing field of research citing the importance of emerging artists displaying enterprising and/or entrepreneurial skills (Bridgstock), in the context of a rapidly changing global arts sector. This broadly refers to the need for artists to have business skills, to be able to seek out and identify opportunities, as well as manage multiple projects and/or various streams of income in what is a very different career type and pathway (Beckman; Bridgstock and Cunningham; Hennekam and Bennett). These opportunity seeking skills and agentic qualities have also been cited as critical in relation to the fact that there is not only a major oversupply of artistic labour globally (Menger), but there is a growing stream of entrants to the global higher education tertiary arts sector that shows no signs of subsiding (Daniel). Concluding RemarksAustralia’s history features a strong relationship with and influences from the north, and in particular from Britain, Europe and North America. This remains the case today, with much of Australian society based on inherited models from Britain, be this in the art world or in such areas as the law and education. As well as a range of cultural and sentimental links with this north, Australia is sometimes considered to be a satellite of European civilisation in the Asia-Pacific region. It is therefore explicable why artists might continue this longstanding relationship with this particular north.In our interesting and complex present of the early twenty-first century, Australia is hampered by the lack of any national cultural policy as well as recent significant cuts to arts funding at the national and state levels (Caust). Nevertheless, there are opportunities to be further explored in relation to the changing patterns of production and consumption of creative content, the impact of new and next technologies, as well as the rise of Asia in the Asian Century. The broad field of the arts and artists is a rich area for ongoing research and inquiry and ultimately, Australia’s links to the north including the concept of the rite of passage deserves ongoing consideration.ReferencesAnonymous a. "Outposts: The Case of the Unofficial Attache." Artlink 18.4 (1998): 69–71.Anonymous b. "Who’s Selling What to Whom: Australian Dealers Taking Australian Art Overseas." Artlink 18. 4 (1998): 66–68.Australia Council for the Arts. Arts Nation: An Overview of Australian Arts. 2015. <http://www.australiacouncil.gov.au/workspace/uploads/files/arts-nation-final-27-feb-54f5f492882da.pdf>.Beckman, Gary D. "'Adventuring' Arts Entrepreneurship Curricula in Higher Education: An Examination of Present Efforts, Obstacles, and Best Practices." The Journal of Arts Management, Law, and Society 37.2 (2007): 87–112.Bice, Sara, and Helen Sullivan. "Abbott Government May Have New Rhetoric, But It’s Still the ‘Asian Century’." The Conversation 2013. <https://theconversation.com/abbott-government-may-have-new-rhetoric-but-its-still-the-asian-century-19769>.Bourdieu, Pierre. Distinction: A Social Critique of the Judgement of Taste. Routledge & Kegan Paul, 1984.Bridgstock, Ruth. "Not a Dirty Word: Arts Entrepreneurship and Higher Education." Arts and Humanities in Higher Education 12.2–3 (2013,): 122–137. doi:10.1177/1474022212465725.———, and Stuart Cunningham. "Creative Labour and Graduate Outcomes: Implications for Higher Education and Cultural Policy." International Journal of Cultural Policy 22.1 (2015): 10–26. doi:10.1080/10286632.2015.1101086.Britain, Ian. Once an Australian: Journeys with Barry Humphries, Clive James, Germaine Greer and Robert Hughes. Oxford: Oxford UP, 1997.Caust, Josephine. "Cultural Wars in an Australian Context: Challenges in Developing a National Cultural Policy." International Journal of Cultural Policy 21.2 (2015): 168–182. doi:10.1080/10286632.2014.890607.Cooper, Roslyn Pesman. "Some Australian Italies." Westerly 39.4 (1994): 95–104.Daniel, Ryan, and Robert Johnstone. "Becoming an Artist: Exploring the Motivations of Undergraduate Students at a Regional Australian University". Studies in Higher Education 42.6 (2017): 1015-1032.De Groen, Geoffrey. Some Other Dream: The Artist the Artworld & the Expatriate. Hale & Iremonger, 1984.Frost, Andrew. "Do Young Australian Artists Really Need to Go Overseas to Mature?" The Guardian, 9 Oct. 2013. <https://www.theguardian.com/culture/australia-culture-blog/2013/oct/09/1https://www.theguardian.com/culture/australia-culture-blog/2013/oct/09/1, July 20, 2016>.Guerra, Paula, and Sacha Kagan, eds. Arts and Creativity: Working on Identity and Difference. Porto: University of Porto, 2016.Heartney, Eleanor. "Identity and Locale: Four Australian Artists." Art in America 97.5 (2009): 63–68.Hecq, Dominique. "'Flying Up for Air: Australian Artists in Exile'." Commonwealth (Dijon) 22.2 (2000): 35–45.Hennekam, Sophie, and Dawn Bennett. "Involuntary Career Transition and Identity within the Artist Population." Personnel Review 45.6 (2016): 1114–1131.Inkson, Kerr, and Stuart C. Carr. "International Talent Flow and Careers: An Australasian Perspective." Australian Journal of Career Development 13.3 (2004): 23–28.Keating, P.J. "Exports from a Creative Nation." Media International Australia 76.1 (1995): 4–6.Kim, Jeong-Gon, and Eunji Kim. "Creative Industries Internationalization Strategies of Selected Countries and Their Policy Implications." KIEP Research Paper. World Economic Update-14–26 (2014). <https://ssrn.com/abstract=2488416>.Kong, Lily. "From Cultural Industries to Creative Industries and Back? Towards Clarifying Theory and Rethinking Policy." Inter-Asia Cultural Studies 15.4 (2014): 593–607.Lee, H., and Lorraine Lim. Cultural Policies in East Asia: Dynamics between the State, Arts and Creative Industries. Springer, 2014.McAuliffe, Chris. "Living the Dream: The Contemporary Australian Artist Abroad." Meanjin 71.3 (2012): 56–61.Menger, Pierre-Michel. "Artistic Labor Markets and Careers." Annual Review of Sociology 25.1 (1999): 541–574.O’Sullivan, Jane. "Why Australian Artists Find It So Hard to Get International Recognition." AFR Magazine, 2016.Robertson, Kate. "Yes, Capon, Australian Artists Have Always Thought about Place." The Conversation, 2014. <https://theconversation.com/yes-capon-australian-artists-have-always-thought-about-place-31690>.Rowe, David, et al. "Transforming Cultures? From Creative Nation to Creative Australia." Media International Australia 158.1 (2016): 6–16. doi:10.1177/1329878X16629544.Stone, Deborah. "Presenters Reject Indigenous Arts." ArtsHub, 2016. <http://www.artshub.com.au/news-article/news/audience-development/deborah-stone/presenters-reject-indigenous-arts-252075?utm_source=ArtsHub+Australia&utm_campaign=7349a419f3-UA-828966-1&utm_medium=email&utm_term=0_2a8ea75e81-7349a419f3-302288158>.Throsby, David. "Get Out There and Sell: The Visual Arts Export Strategy, Past, Present and Future." Artlink 18.4 (1998): 64–65.Wesley, Michael. "In Australia's Third Century after European Settlement, We Must Rethink Our Responses to a New World." The Conversation, 2015. <https://theconversation.com/in-australias-third-century-after-european-settlement-we-must-rethink-our-responses-to-a-new-world-46671>.Wright, Felicity. "Passion, Rich Collectors and the Export Dollar: The Selling of Aboriginal Art Overseas." Artlink 18.4 (1998): 16.
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Mason's, Eric D. "Border-Building." M/C Journal 7, no. 2 (March 1, 2004). http://dx.doi.org/10.5204/mcj.2332.

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Borders seem to be dropping all around us. Interdisciplinary university curricula, international free trade, wireless broadband technologies—these and many other phenomena suggest a steady decline in the rigidity and quantity of borders delimiting social interactions. In response to this apparent loss of borders, critical scholars might point out that university hiring practices remain discipline-bound, international tariffs are widespread, and technological access is uneven. But even as this critical response points out the limited extent of border-loss, it still affirms the weakening of these borders. Since the 9/11 tragedy, the world has witnessed much fortification of national and cultural borders through essentializing discourses (epitomized by America’s “us versus them” response to terror). But can critical scholars, as affirmative as they are of the dissolution and the crossing of borders, also support the building of exclusionary national and cultural borders? More importantly, can this reasoning responsibly emerge from a postmodern or postcolonial perspective that both favors marginalized voices and recognizes the routinely violent excesses of nationalism? By considering the practice of hybridity within the context of international capitalism, I will argue that maintaining the “conditions of possibility” for hybridity, and thus, maintaining the possibility of resistance to essentializing discourses, requires the strategic reinforcement of national and cultural borders. Border-Crossing as Hybrid Practice The most critical aspect of hybridity in relation to culture is the hybrid’s position as border-crosser. Postmodern theory typically affirms individual instances of border-crossing, but its overall project in regards to boundaries is more comprehensive. Henri Giroux writes: …postmodernism constitutes a general attempt to transgress the borders sealed by modernism, to proclaim the arbitrariness of all boundaries, and to call attention to the sphere of culture as a shifting social and historical construction. (Border 55) The figure of the hybrid emerges in postcolonial discourses as the embodiment of this postmodern critique of borders. Hybrid identities such as Gloria Anzaldua’s “mestiza consciousness”—a hybrid of white, Indian, and Mexican identities—creates the possibility of resisting oppression because such multiplicity disavows the reductive and essentializing binaries that colonizers employ to maintain power (Anzaldua 892). By embracing these hybrid identities, colonized people thus affirm cultural differences in ways that resist essentialism and which conceive of these differences in ways that “are not identified with backwardness” (Martín-Barbero 352). In studying the border-crossing work of critical intellectual Paulo Freire, Giroux claims that border-crossing offers the hybrid the “opportunity for new subject positions, identities, and social relations that can produce resistance to and relief from the structures of domination and oppression” (“Paulo” 18). Prior to these claims, postcolonial theorist Homi Bhabha wrote that the “third space” of hybridity surfaces as an “ambivalence” toward colonial authority and as a “strategic reversal of the process of domination through disavowal” (34). But what if we take seriously Michael Hardt and Antonio Negri’s claim in their book, Empire, that postcolonial theory, with its acclaim of the subversive potential of the hybrid, is “entirely insufficient for theorizing contemporary global power”? Or what if we admit that, unfortunately, the postcolonial hybrid is nowhere near as successful or as efficient a border-crosser as corporations have become, corporations which have made their own successful ‘runs for the borders’ by colonizing the markets of nations across the globe? In what forms can the ambivalence and disavowal identified by Bhabha emerge when cultures are now being colonized, not by other cultures, but by the influence of corporations? In the context of this new state of empire, Hardt and Negri warn that traditional hybridity becomes “an empty gesture … or worse, these gestures risk reinforcing imperial power rather than challenging it” (216–17). But in a world where “the freedom of self-fashioning is often indistinguishable from the powers of an all-encompassing control,” how can scholars approve a program of aggressive national self-fashioning (Hardt 216)? Stanley Fish suggests one answer. In Professional Correctness, Fish states that only enterprises “bent on suicide” would fail to establish their “distinctiveness.” He writes: An enterprise acquires an identity by winning a space at the table of enterprises …. Within the space that has been secured, all questions, including questions on basic concepts, remain open. Nor are the boundaries between enterprises fixed and impermeable; negotiations on the borders go on continually, and at times border skirmishes can turn into large-scale territorial disputes (19) If we substitute the word “nations” or “cultures” here for “enterprises,” Fish’s text reminds us that the building of national and cultural borders is always at best a temporary event, and that ‘openness’ is only available within a “space that has [previously] been secured.” Although nations may risk many things when they resist colonization, cultural fixity is not one of them. Cultures can thus maintain distinctiveness from other cultures without giving up their aspirations to hybridity. Pragmatically, Fish might say, one needs to secure a space at the table before one can negotiate. Essentialist border-building is just such a pragmatic effort. Building Borders That Disavow Cultural turf and national turf are inseparable. In the idealistic American view of culture as a “melting pot,” cultural identity relinquishes its substance to a greater national identity. Especially in the wake of 9/11, nationalistic maintenance of identity has prompted a host of culturally-focused turf disputes ranging from the bombing of mosques to the deliberate dumping of French champagne. Such disputes reveal cultural antagonisms that emerge from essentializing discourses. In his speech to the United Nations only two months after the September 11th attack, President George W. Bush explicitly connected the willingness of countries to form a coalition against terror (and thus to accept the essentializing “us versus them” mentality) with the ability to maintain secure borders by stating “Some nations want to play their part in the fight against terror, but tell us they lack the means to enforce their laws and control their borders” (n.pag.). Clear and manageable borders are presented here as stabilizing influences that enable the war against terror. By maintaining Western economic and political interests, these borders appear to delimit a space most unlike the subversive hybrid space that Bhabha imagines. Although essentializing discourses naturally seem to threaten the space of hybridity, it is important here to recall Bhabha’s definition of hybridity as a “strategic reversal of the process of domination” (emphasis added). Gayatri Spivak reminds us that “it’s the idea of strategy that has been forgotten” in current critiques of essentialism (5). In fact, essentialism, properly situated, can be used as a strategy against essentialism. While Spivak warns that a “strategic use of essentialism can turn into an alibi for proselytizing academic essentialisms,” she more forcefully claims that the “strategic use of a positivist essentialism in a scrupulously visible political interest” is “something one cannot not use”; a strategy that is “unavoidably useful” (4, 5). For Spivak, the critical qualities of a strategic essentialism are its “self-conscious” use (i.e. its “scrupulously visible political interest”) and its ongoing “critique of the ‘fetish-character’” of its own master terms (3–4). Three short examples will serve to highlight this strategic use of border-building in service of “scrupulously visible political interests.” While Russians may have the distinction of being the first to turn a candy bar’s name (“Snickers”) into a swear word, there have been no more visible borders that disavow multinational capitalism than those in France. Predictably, the key sites of struggle are the traditional repositories of French high culture: art, language, and food. One highly visible effort in this struggle is the ten per cent cinema tax (which, based on American dominance in the industry, affects mainly American films), the revenue from which is used to subsidize French filmmaking. Also, the controversial 1997 Toubon Law built borders by establishing fines and even prison sentences for refusal to use French language in venues such as advertising; as did the 1999 “dismantling” of a McDonald’s restaurant by José Bové, a French sheep farmer protesting U.S. sanctions, the WTO, and “Americanization” in general (Gordon 23, 35). Two nations that erected “borders of disavowal” in regards to the war on terror are Turkey and the Philippines. In March of 2003, even after being offered $6 billion in aid from the U.S., Turkey refused to allow 62,000 U.S. troops to be deployed in Turkey to facilitate the war in Iraq (Lee). While Turkey did allow the U.S. the use of airbases for certain purposes, the refusal to allow U.S. troops to cross the Turkey-Iraq border marked a significant site of cultural resistance. Even after the Philippines accepted a $78 billion increase in military aid from the U.S. to fight terrorism, public outcry there forced the U.S. to remove its “active” military presence since it violated a portion of the Philippines’s constitution that banned combat by foreign soldiers on its soil. (Klein). Also significant here is the degree to which the negotiation of national and cultural borders is primarily a negotiation of capital. As The Nation reported: For [Philippine President Arroyo], the global antiterrorist campaign is first and foremost a business proposition, and she made this very clear when she emerged from her meeting with President Bush in Washington in November and boasted to Filipino reporters that "it's $4.6 billion, and counting.” (Bello) All of these examples reinforce cultural and national borders in order to resist domination by capital. In French Foreign Minister Védrine’s words, the “desire to preserve cultural diversity in the world is in no way a sign of anti-Americanism but of antihegemonism, a refusal of impoverishment” (qtd. in Gordon 30). This “refusal of impoverishment” is the accomplishment of identities that refuse to supplant culture with capital. As these examples show, borders need not simply reinforce existing power relations, but are sites of resistance as well. But Is This Turf Really Cultural? Can one legitimately refer to the examples of Turkey and the Philippines, as well as the web of forces that structure the interactions of all nations in a system of multinational capitalism, as being “cultural”? If the subtitle of Fredric Jameson’s book, Postmodernism: Or, the Cultural Logic of Late Capitalism, does not suggest strongly enough the particularly cultural turf of these systems, Jameson makes this explicit when he states that we have witnessed . . . a prodigious expansion of culture throughout the social realm, to the point at which everything in our social life—from economic value and state power to practices and to the very structure of the psyche itself—can be said to have become ”cultural.” (48). One of Jameson’s basic arguments in his second chapter is that “every position on postmodernism in culture . . . is also at one and the same time, and necessarily, an implicitly or explicitly political stance on the nature of multinational capitalism today” (3). I would like to transpose this statement somewhat by asserting that every position on culture in postmodernism is necessarily a political stance on the nature of multinational capitalism. Therefore, actions that negotiate cultural turf and modify national identities can be methods of influencing the contours of multinational capitalism. In other words, strategic border-building maintains the space of hybridity because it seeks to disavow the dominance of cultural turf by capital. Without such protectionist and essentializing efforts, the conditions of possibility for hybrid identities would be at the mercy of market forces. The pragmatic use of essentialism as a mode of resistance is a move one can imagine Fish would approve of, and that Hardt and Negri hint at the necessity of when they state: The creative forces that sustain Empire are also capable of autonomously constructing a counter-Empire, an alternative political organization of global flows and exchanges. The struggles to contest and subvert Empire, as well as those to construct a real alternative, will thus take place on the imperial terrain itself. (xv) Essentialism is admittedly one of the “creative forces that sustain Empire.” The dangers of struggling “on the imperial terrain itself” lie in not retaining the critical self-consciousness of one’s own strategies that Spivak argues for, and in not remaining mindful of the histories of genocide and tyranny that have accompanied much modern nationalism. In constructing a “counter-Empire,” cultures can resist both the seductions of aggressive nationalism and the homogenizing forces of multinational capitalism. The turf of hybridity provides a space from which to launch this counter-Empire, but this space may only exist between cultural identities, not between multiple versions of a homogenized consumer identity maintained by corporate influence. Nations should neither be afraid to rebuild self-consciously their cultural borders nor to act strategically to maintain their distinctiveness, despite postmodern theory’s acclamation of the dissolution of borders and political appeals for global solidarity against the terrorist ‘Other.’ In order to establish resistance in the context of international capitalism, the strategic disavowal necessary to hybridity may need to emerge as a disavowal of hybridity itself. Works Cited Anzaldua, Gloria. “Borderlands/La Frontera.” Literary Theory, An Anthology. Ed. Julie Rivkin and Michael Ryan. Malden: Blackwell, 2001. 887–902. Bello, Waldo. “A ‘Second Front’ in the Philippines.” The Nation 18 Mar. 2002. 16 Feb. 2004. <http://www.thenation.com/doc.mhtml?i=20020318&s=bello>. Bhabha, Homi. K. “Signs Taken for Wonders: Questions of Ambivalence and Authority Under a Tree Outside Delhi, May 1817.” The Postcolonial Studies Reader. Ed. Bill Ashcroft, et al. New York: Routledge, 1995. 29–35. Bush, George W. “President Bush Speaks to United Nations.” The White House. 11 Jan. 2004. <http://www.whitehouse.gov/news/releases/2001/11/20011110-3.php>. Fish, Stanley. Professional Correctness: Literary Studies and Political Change. Oxford: Clarendon Press, 1995. Giroux, Henry. Border Crossings: Cultural Workers and the Politics of Education. New York: Routledge, 1992. ---. “Paulo Freire and the Politics of Postcolonialism.” JAC 12.1 (1992): 15–26. Gordon, Philip H., and Sophie Meunier. “Globalization and French Cultural Identity.”French Politics, Culture, and Society 19.1 (2001): 22–41. Hardt, Michael, and Antonio Negri. Empire. Cambridge: Harvard UP, 2000. Jameson, Fredric. Postmodernism: Or, the Cultural Logic of Late Capitalism. Durham: Duke UP, 1991. Klein, Naomi. “Mutiny in Manila.” The Nation 1 Sep. 2003. 16 Feb. 2004. <http://www.thenation.com/doc.mhtml?i=20030901&s=klein>. Lee, Matthew. “Turkey’s Refusal Stuns U.S.” Common Dreams News Center. 1 Mar. 2003. 12 Jan. 2004. <http://www.commondreams.org/headlines03/0301-10.htm>. Martín-Barbero, Jésus. “The Processes: From Nationalisms to Transnationals.” Media and Cultural Studies: Keyworks. Ed. Meenakshi Gigi Durham and Douglas M. Kellner. Oxford: Blackwell, 2001. 351–84. Spivak, Gayatri Chakravorty. Outside in the Teaching Machine. New York: Routledge, 1993. Citation reference for this article MLA Style Mason's, Eric D. "Border-Building" M/C: A Journal of Media and Culture <http://www.media-culture.org.au/0403/03-border-building.php>. APA Style Mason's, E. (2004, Mar17). Border-Building. M/C: A Journal of Media and Culture, 7, <http://www.media-culture.org.au/0403/03-border-building.php>
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36

Almila, Anna-Mari. "Fabricating Effervescence." M/C Journal 24, no. 1 (March 15, 2021). http://dx.doi.org/10.5204/mcj.2741.

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Introduction In November 2020, upon learning that the company’s Covid-19 vaccine trial had been successful, the head of Pfizer’s Vaccine Research and Development, Kathrin Jansen, celebrated with champagne – “some really good stuff” (Cohen). Bubbles seem to go naturally with celebration, and champagne is fundamentally associated with bubbles. Yet, until the late-seventeenth century, champagne was a still wine, and it only reached the familiar levels of bubbliness in the late-nineteenth century (Harding). During this period and on into the early twentieth century, “champagne” was in many ways created, defined, and defended. A “champagne bubble” was created, within which the “nature” of champagne was contested and constructed. Champagne today is the result of hundreds of years of labour by many sorts of bubble-makers: those who make the bubbly drink, and those who construct, maintain, and defend the champagne bubble. In this article, I explore some elements of the champagne bubble, in order to understand both its fragility and rigidity over the years and today. Creating the Champagne Bubble – the Labour of Centuries It is difficult to separate the physical from the mythical as regards champagne. Therefore the categorisations below are always overlapping, and embedded in legal, political, economic, and socio-cultural factors. Just as assemblage – the mixing of wine from different grapes – is an essential element of champagne wine, the champagne bubble may be called heterogeneous assemblage. Indeed, the champagne bubble, as we will see below, is a myriad of different sorts of bubbles, such as terroir, appellation, myth and brand. And just as any assemblage, its heterogeneous elements exist and operate in relation to each other. Therefore the “champagne bubble” discussed here is both one and many, all of its elements fundamentally interconnected, constituting that “one” known as “champagne”. It is not my intention to be comprehensive of all the elements, historical and contemporary. Indeed, that would not be possible within such a short article. Instead, I seek to demonstrate some of the complexity of the champagne bubble, noting the elaborate labour that has gone into its creation. The Physical Champagne and Champagne – from Soil to Bubbles Champagne means both a legally protected geographical area (Champagne), and the wine (here: champagne) produced in this area from grapes defined as acceptable: most importantly pinot noir, pinot meunier (“black” grapes), and chardonnay (“white” grape). The method of production, too, is regulated and legally protected: méthode champenoise. Although the same method is used in numerous locations, these must be called something different: metodo classico (Italy), método tradicional (Spain), Methode Cap Classique (South Africa). The geographical area of Champagne was first legally defined in 1908, when it only included the areas of Marne and Aisne, leaving out, most importantly, the area of Aube. This decision led to severe unrest and riots, as the Aube vignerons revolted in 1911, forcing the inclusion of “zone 2”: Aube, Haute-Marne, and Seine-et-Marne (Guy). Behind these regulations was a surge in fraudulent production in the early twentieth century, as well as falling wine prices resulting from increasing supply of cheap wines (Colman 18). These first appellations d’origine had many consequences – they proved financially beneficial for the “zone 1”, but less so for the “zone 2”. When both these areas were brought under the same appellation in 1927, the financial benefits were more limited – but this may have been due to the Great Depression triggered in 1929 (Haeck et al.). It is a long-standing belief that the soil and climate of Champagne are key contributors to the quality of champagne wines, said to be due to “conditions … most suitable for making this type of wine” (Simon 11). Already in the end of the nineteenth century, the editor of Vigneron champenois attributed champagne’s quality to “a fortunate combination of … chalky soil … [and] unrivalled exposure [to the sun]” (Guy 119) among other things. Factors such as soil and climate, commonly included in and expressed through the idea of terroir, undoubtedly influence grapes and wines made thereof, but the extent remains unproven. Indeed, terroir itself is a very contested concept (Teil; Inglis and Almila). It is also the case that climate change has had, and will continue to have, devastating effects on wine production in many areas, while benefiting others. The highly successful English sparkling wine production, drawing upon know-how from the Champagne area, has been enabled by the warming climate (Inglis), while Champagne itself is at risk of becoming too hot (Robinson). Champagne is made through a process more complicated than most wines. I present here the bare bones of it, to illustrate the many challenges that had to be overcome to enable its production in the scale we see today. Freshly picked grapes are first pressed and the juice is fermented. Grape juice contains natural yeasts and therefore will ferment spontaneously, but fermentation can also be started with artificial yeasts. In fermentation, alcohol and carbon dioxide (CO2) are formed, but the latter usually escapes the liquid. The secret of champagne is its second fermentation, which happens in bottles, after wines from different grapes and/or vineyards have been blended for desired characteristics (assemblage). For the second fermentation, yeast and sugar are added. As the fermentation happens inside a bottle, the CO2 that is created does not escape, but dissolves into the wine. The average pressure inside a champagne bottle in serving temperature is around 5 bar – 5 times the pressure outside the bottle (Liger-Belair et al.). The obvious challenge this method poses has to do with managing the pressure. Exploding bottles used to be a common problem, and the manner of sealing bottles was not very developed, either. Seventeenth-century developments in bottle-making, and using corks to seal bottles, enabled sparkling wines to be produced in the first place (Leszczyńska; Phillips 137). Still today, champagne comes in heavy-bottomed bottles, sealed with characteristically shaped cork, which is secured with a wire cage known as muselet. Scientific innovations, such as calculating the ideal amount of sugar for the second fermentation in 1836, also helped to control the amount of gas formed during the second fermentation, thus making the behaviour of the wine more predictable (Leszczyńska 265). Champagne is characteristically a “manufactured” wine, as it involves several steps of interference, from assemblage to dosage – sugar added for flavour to most champagnes after the second fermentation (although there are also zero dosage champagnes). This lends champagne particularly suitable for branding, as it is possible to make the wine taste the same year after year, harvest after harvest, and thus create a distinctive and recognisable house style. It is also possible to make champagnes for different tastes. During the nineteenth century, champagnes of different dosage were made for different markets – the driest for the British, the sweetest for the Russians (Harding). Bubbles are probably the most striking characteristic of champagne, and they are enabled by the complicated factors described above. But they are also formed when the champagne is poured in a glass. Natural impurities on the surface of the glass provide channels through which the gas pockets trapped in the wine can release themselves, forming strains of rising bubbles (Liger-Belair et al.). Champagne glasses have for centuries differed from other wine glasses, often for aesthetic reasons (Harding). The bubbles seem to do more than give people aesthetic pleasure and sensory experiences. It is often claimed that champagne makes you drunk faster than other drinks would, and there is, indeed, some (limited) research showing that this may well be the case (Roberts and Robinson; Ridout et al.). The Mythical Champagne – from Dom Pérignon to Modern Wonders Just as the bubbles in a champagne glass are influenced by numerous forces, so the metaphorical champagne bubble is subject to complex influences. Myth-creation is one of the most significant of these. The origin of champagne as sparkling wine is embedded in the myth of Dom Pérignon of Hautvillers monastery (1638–1715), who according to the legend would have accidentally developed the bubbles, and then enthusiastically exclaimed “I am drinking the stars!” (Phillips 138). In reality, bubbles are a natural phenomenon provoked by winter temperatures deactivating the fermenting yeasts, and spring again reactivating them. The myth of Dom Pérignon was first established in the nineteenth century and quickly embraced by the champagne industry. In 1937, Moët et Chandon launched a premium champagne called Dom Pérignon, which enjoys high reputation until this day (Phillips). The champagne industry has been active in managing associations connected with champagne since the nineteenth century. Sparkling champagnes had already enjoyed fashionability in the later seventeenth and early eighteenth century, both in the French Court, and amongst the British higher classes. In the second half of the nineteenth century, champagne found ever increasing markets abroad, and the clientele was not aristocratic anymore. Before the 1860s, champagne’s association was with high status celebration, as well as sexual activity and seduction (Harding; Rokka). As the century went on, and champagne sales radically increased, associations with “modernity” were added: “hot-air balloons, towering steamships, transcontinental trains, cars, sports, and other ‘modern’ wonders were often featured in quickly proliferating champagne advertising” (Rokka 280). During this time, champagne grew both drier and more sparkling, following consumer tastes (Harding). Champagne’s most important markets in later nineteenth century included the UK, where the growing middle classes consumed champagne for both celebration and hospitality (Harding), the US, where (upper) middle-class women were served champagne in new kinds of consumer environments (Smith; Remus), and Russia, where the upper classes enjoyed sweeter champagne – until the Revolution (Phillips 296). The champagne industry quickly embraced the new middle classes in possession of increasing wealth, as well as new methods of advertising and marketing. What is remarkable is that they managed to integrate enormously varied cultural thematics and still retain associations with aristocracy and luxury, while producing and selling wine in industrial scale (Harding; Rokka). This is still true today: champagne retains a reputation of prestige, despite large-scale branding, production, and marketing. Maintaining and Defending the Bubble: Formulas, Rappers, and the Absolutely Fabulous Tipplers The falling wine prices and increasing counterfeit wines coincided with Europe’s phylloxera crisis – the pest accidentally brought over from North America that almost wiped out all Europe’s vineyards. The pest moved through Champagne in the 1890s, killing vines and devastating vignerons (Campbell). The Syndicat du Commerce des vins de Champagne had already been formed in 1882 (Rokka 280). Now unions were formed to fight phylloxera, such as the Association Viticole Champenoise in 1898. The 1904 Fédération Syndicale des Vignerons was formed to lobby the government to protect the name of Champagne (Leszczyńska 266) – successfully, as we have seen above. The financial benefits from appellations were certainly welcome, but short-lived. World War I treated Champagne harshly, with battle lines stuck through the area for years (Guy 187). The battle went on also in the lobbying front. In 1935, a new appellation regime was brought into law, which came to be the basis for all European systems, and the Comité National des appellations d'origine (CNAO) was founded (Colman 1922). Champagne’s protection became increasingly international, and continues to be so today under EU law and trade deals (European Commission). The post-war recovery of champagne relied on strategies used already in the “golden years” – marketing and lobbying. Advertising continued to embrace “luxury, celebration, transport (extending from air travel to the increasingly popular automobile), modernity, sports” (Guy 188). Such advertisement must have responded accurately to the mood of post-war, pre-depression Europe. Even in the prohibition US it was known that the “frivolous” French women might go as far as bathe in champagne, like the popular actress Mistinguett (Young 63). Curiously, in the 1930s Soviet Russia, “champagne” (not produced in Champagne) was declared a sign of good living, symbolising the standard of living that any Soviet worker had access to (at least in theory) (Gronow). Today, the reputation of champagne is fiercely defended in legal terms. This is not only in terms of protection against other sparkling wine making areas, but also in terms of exploitation of champagne’s reputation by actors in other commercial fields, and even against mass market products containing genuine champagne (Mahy and d’Ath; Schneider and Nam). At the same time, champagne has been widely “democratised” by mass production, enabled partly by increasing mechanisation and scientification of champagne production from the 1950s onwards (Leszczyńska 266). Yet champagne retains its association with prestige, luxury, and even royalty. This has required some serious adaptation and flexibility. In what follows, I look into three cultural phenomena that illuminate processes of such adaptation: Formula One (F1) champagne spraying, the 1990s sitcom Absolutely Fabulous, and the Cristal racism scandal in 2006. The first champagne bottle is said to have been presented to F1 grand prix winner in Champagne in 1950 (Wheels24). Such a gesture would have been fully in line with champagne’s association with cars, sport, and modernity. But what about the spraying? Surely that is not in line with the prestige of the wine? The first spraying is attributed to Jo Siffert in 1966 and Dan Gurney in 1967, the former described as accidental, the latter as a spontaneous gesture of celebration (Wheels24; Dobie). Moët had become the official supplier of F1 champagnes in 1966, and there are no signs that the new custom would have been problematic for them, as their sponsorship continued until 1999, after which Mumm sponsored the sport for 15 years. Today, the champagne to be popped and sprayed is Chanson, in special bottles “coated in the same carbon fibre that F1 cars are made of” (Wheels24). Such an iconic status has the spraying gained that it features in practically all TV broadcasts concerning F1, although non-alcoholic substitute is used in countries where sale of alcohol is banned (Barker et al., “Quantifying”; Barker et al., “Alcohol”). As disturbing as the champagne spraying might look for a wine snob, it is perfectly in line with champagne’s marketing history and entrepreneurial spirit shown since the nineteenth century. Nor is it unheard of to let champagne spray. The “art” of sabrage, opening champagne bottle with a sable, associated with glamour, spectacle, and myth – its origin is attributed to Napoleon and his officers – is perfectly acceptable even for the snob. Sparkling champagne was always bound up with joy and celebration, not a solemn drink, and the champagne bubble was able to accommodate middle classes as well as aristocrats. This brings us to our second example, the British sitcom Absolutely Fabulous. The show, first released in 1992, featured two women, “Eddy” (Jennifer Saunders) and “Patsy” (Joanna Lumley), who spent their time happily smoking, taking drugs, and drinking large quantities of “Bolly” (among other things). Bollinger champagne may have initially experienced “a bit of a shock” for being thus addressed, but soon came to see the benefits of fame (French). In 2005, they hired PR support to make better use of the brand’s “Ab Fab” recognisability, and to improve its prestige reputation in order to justify their higher price range (Cann). Saunders and Lumley were warmly welcomed by the Bollinger house when filming for their champagne tour Absolutely Champers (2017). It is befitting indeed that such controversial fame came from the UK, the first country to discover sparkling champagne outside France (Simon 48), and where the aspirational middle classes were keen to consume it already in the nineteenth century (Harding). More controversial still is the case of Cristal (made by Louis Roederer) and the US rap world. Enthusiastically embraced by the “bling-bling” world of (black) rappers, champagne seems to fit their ethos well. Cristal was long favoured as both a drink and a word in rap lyrics. But in 2006, the newly appointed managing director at the family owned Roederer, Frédéric Rouzaud, made comments considered racist by many (Woodland). Rouzard told in an interview with The Economist that the house observed the Cristal-rap association “with curiosity and serenity”. He reportedly continued: “but what can we do? We can’t forbid people from buying it. I’m sure Dom Pérignon or Krug would be delighted to have their business”. It was indeed those two brands that the rapper Jay-Z replaced Cristal with, when calling for a boycott on Cristal. It would be easy to dismiss Rouzard’s comments as snobbery, or indeed as racism, but they merit some more reflection. Cristal is the premium wine of a house that otherwise does not enjoy high recognisability. While champagne’s history involves embracing new sorts of clientele, and marketing flexibly to as many consumer groups as possible (Rokka), this was the first spectacular crossing of racial boundaries. It was always the case that different houses and their different champagnes were targeted at different clienteles, and it is apparent that Cristal was not targeted at black rap artists. Whereas Bollinger was able to turn into a victory the questionable fame brought by the white middle-class association of Absolutely Fabulous, the more prestigious Cristal considered the attention of the black rapper world more threatening and acted accordingly. They sought to defend their own brand bubble, not the larger champagne bubble. Cristal’s reputation seems to have suffered little – its 2008 vintage, launched in 2018, was the most traded wine of that year (Schultz). Jay-Z’s purchase of his own champagne brand (Armand de Brignac, nicknamed Ace of Spades) has been less successful reputation-wise (Greenburg). It is difficult to break the champagne bubble, and it may be equally difficult to break into it. Conclusion In this article, I have looked into the various dilemmas the “bubble-makers” of Champagne encountered when fabricating what is today known as “champagne”. There have been moments of threat to the bubble they formed, such as in the turn of nineteenth and twentieth centuries, and eras of incomparable success, such as from the 1860s to 1880s. The discussion has demonstrated the remarkable flexibility with which the makers and defenders of champagne have responded to challenges, and dealt with material, socio-cultural, economic, and other problems. It feels appropriate to end with a note on the current challenge the champagne industry faces: Covid-19. The pandemic hit champagne sales exceptionally hard, leaving around 100 million bottles unsold (Micallef). This was not very surprising, given the closure of champagne-selling venues, banning of public and private celebrations, and a general mood not particularly prone to (or even likely to frown upon) such light-hearted matters as glamour and champagne. Champagne has survived many dramatic drops in sales during the twentieth century, such as the Great Depression of the 1930s, and the post-financial crisis collapse in 2009. Yet they seem to be able to make astonishing recoveries. 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