finest

2011

vol. 26

JOHN JAYS

FINEST

VOLUME 26 MAY 2011

outstanding student writing from across the curriculum

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A Note from the Editors

IN HOMERS ODYSSEY, the great traveler Odysseus tells an eager audience of his strange encounters, of his troubles and hopes, of his mistakes and discoveries. He speaks so well, so convincingly of the great wide world, that when, as Homer writes, He ended it, [ ] no one stirred or sighed in the shadowy hall, spellbound as they all were.... What a storyteller. What a way with words Odysseus has. Perhaps, Homer suggests, an experience isnt fully experienced until its put into words, and words, thoughtfully used, make reality. The writers in the 26th issue of John Jays Finest know this to be true. They know that journeying toward information, standing before new ideas and philosophies, mastering skills and thinking about the world in fresh ways are all central to the academic experience. And they know also that when ideas meet the page carefully, exactly, in draft after draftthoughts are clarified, allowing the writer to mine even more deeply. Each student in this room, each student in this book, understands that the process of writing itself leads to more penetrating thought, more probing analysis, and a richer understanding of subject and, by extension, perhaps, of self and of life. We acknowledge with admiration the journey these writers have taken to publication. Its never easy and would be a far more wind-buffeted voyage, to borrow from Homer, without the guidance, the inspiring assignments, the challenge to reach higher provided by our very dedicated professors. Moving from the 100-level to the 400-level and beyond, the essays in this volume showcase the excellent work produced in our classes. For continuing support of this publication, and for guiding the journey toward fine writing at the College, we thank President Jeremy Travis and Provost Jane Bowers. We are grateful also to Erica Wise, our English Department office manager, whose talent and generosity always make our tasks easier. We thank our colleague Mark McBeth for his innovative cover design. We thank Alex Deleon and staff for helpful advice and quality printing. And for organizing this launch event, we are indebted to Rosalie Macaluso, Rulisa Galloway-Perry and all in the Presidents office. Jeffrey Heiman Adam Berlin Editors

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CONTENTS
1 The Effect of Social Networking & Instant Messaging Use on Adolescents Kelly Pacheco English 095 Analysis of Georg Flegels Still Life Daniel Khan Art 111 Playing for the Future Dimal Basha Drama 115 The Forgotten Offenders: Women Outside Prison Michaelle Howard Corrections 101 Racial Profiling: Preventing Crime or Creating Animosity? Michael Napolitano English 101 Differently-Abled Stephanie Infante Law and Police Science 202 Combating Religious-Based Terrorism: The Irreconcilable Goals Separating Terrorist Groups and Secular Authority Chelsea Delgado Interdisciplinary Studies B-9 The Method of the Desperate: How Terrorism Found its Niche Andrew A. Grillo Interdisciplinary Studies B-9 Flashes Now a Phoenix: A Brief Essay on the Mechanisms of Cultural Mutation Corey Dixon-Weekes English 201 The Uses and Abuses of Anthropology Robert Riggs Anthropology 212 Turning Away From Comfort Melba Medina Literature 230 No Winning Words about Death: Ancient Greece and Existentialism Amanda Heidel Literature 230

8 11 14 18 24 30

35 39

42 45 48

CONTENTS
54 57 The Loyal Royalist Rosendo Pili Humanities and Justice Studies 250 The Controversy of Gay Marriage: With Liberty and Justice for Whom? Arielle Davinger English 255 The Kids Arent Alright: The Need for Comprehensive Anti-Bullying Legislation Antoine J. Jones English 255 Grandpas Love Yichun Luo English 218 Medical Ethics at Guantnamo Bay Melanie Ferreri International Criminal Justice 310 The Most Effective Methods of Interrogation Diana Rodriguez International Criminal Justice 310 The Difficulties of Establishing Rape in Qing China Anu Jaswal Humanities and Justice Studies 310 The Grey Lady of Bagram Marina Leybishkis Humanities and Justice Studies 310 Homophobia Yulia Gracheva Government 318 The Misevaluation of Knowledge: Grade Inflation in American Colleges and Universities Chelsea Delgado English 316 Do Tell: The American War on Homosexual Soldiers Barbara T. Wheatle English 316 Falling Out of Favor Yanick Savain Literature 315

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68 72 87 100 107 116 120

125 130

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CONTENTS
134 Institutions of Exclusion: Interpreting the Language of Authority Yanick Savain Literature 315 Imprisonment and its Dehumanizing Loneliness Jamie Bridgewater Literature 327 Reading Between My Own Lines Jayelle Dorsainville Literature 327 The State Pen: A Tragic Success? Newton Knowles Literature 327 Criminal Type in Joseph Conrads The Secret Agent John Sodaro Literature 327 Who is the Real Merchant? Jancofiore, Salabaetto, and the Business of Palermo Marlena Nadler Literature 372 Kansas Time Geoffrey Millar English 397 Against Revenge: The Downfall of Vengeful Characters and the Reasons They Fall Sara Moharrem Literature 498 The Androgynous Identitys Revenge: Signifying the Shift in Power from Blood Ties to Gender in Shakespeares Hamlet Rachel Ramirez Literature 498 Memo to Governor Chris Christie Chris Pitassy Public Administration 744

139 146 150 156 161

165 169

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JOHN JAYS FINEST 1

English 095

THE EFFECT OF SOCIAL NETWORKING & INSTANT MESSAGING USE ON ADOLESCENTS

____________________ KELLY PACHECO

ADOLESCENTS ARE SOME OF THE MOST FREQUENT USERS OF THE WORLD WIDE WEB. In the United States alone, 91% of adolescents use the internet daily (Gross, 2004). The way we communicate has become revolutionized through instant messaging, social networks, blogs and other sites. Adolescents use these means of communications every day. Social networks make a person virtually available twenty-four hours a day. Instant messaging makes it easy to say things one might not have the courage to say in person. Blogs help people express their opinions on topics that may be controversial. Reasons for using any of these forms of communication are different and personal, but most users, especially teenagers, are uninformed about the effects this technology has. This research is meant to help promote online safety by identifying serious effects of using this technology. Assessing the risks involved in social networking and online communication is vital to preventing negative effects of these activities. The article The Impact of the Current Technologies on the Youths Personalities Development by Constantin Cucos and Adrian Vicentiu Labar (2009) identifies tiredness, isolation, and addiction as some of the effects this new technology has on adolescents. Having full knowledge of technologys impact on the lives of adolescents will promote using these means of communication appropriately and safely. ________________________
The Assignment and the Writer: Kelly Pacheco's paper "The Effect of Social Networking and Instant Messaging Use on Adolescents" was the result of her inquiry-based research for English/SEEK 095. The project started with thought-provoking questions, which were answered by a range of research sources as well as Ms. Pacheco's own insights and interviews. Her topic resonates with readers at this time of constant communication via phones and computers. In addition, Ms. Pacheco's writing is clear and focused, with a strong understanding of the issues that surround her topic. -Professor Yasmin Dalisay

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When researching this paper, there were many specific questions. This research paper will address the following issues: 1. What is Social networking and Instant Messaging? 2. What about Social networking and Instant Messaging appeals to adolescents? 3. What are the risks of online communication? 4. What is the role of Social networking and instant messaging in the lives of adolescents? 5. What can adolescents and parents do in order to make online communication safer? In order to promote online safety, the dangers had to be identified first. My research includes studies in which the direct effects of being constantly engulfed in technology are identified. It was also important to establish how present technology is in the lives of adolescents. Research involving how frequently computers and cell phones are used is also included. What I expect to find in this research is that technology is present in many forms and constantly being used. Although it plays such a large role in the lives of adolescents, I expect many dont know how it can affect them directly, physically, and in other ways. Social Networking is used widely amongst adolescents. On a social networking site an individual has a profile where theyre able to share all sorts of aspects of their lives. Sites allow you to share information regarding where you live, where you go to school, what music you listen to, what your favorite television shows are, as well as contact information. It also allows you to post pictures and content you may like to share like videos or notes. You can look for people you know, as well meet people you dont know. Once you friend someone, you can view and leave comments on their profile as well as their pictures. Your profile is basically a virtual version of you who is always accessible. Instant messaging is a commonly used form of communicating. It allows users who have an account to chat with others with real-time messages. When you create an account for these services, you create a password along with a screen name. Your screen name becomes your online identity. If someone wishes to contact you the must have your screen name, unless you are in a public chat room. In a chat you can speak privately to one person, and you can have multiple chats open at a time. This allows an individual to maintain various one on one conversations at the same time. It is also an option to create a private chat room where participants have to be invited, unlike a public one where anyone can participate. With access to the internet being so common it is no mystery why these sites and forms of communications are popular. Ninety percent of teenagers are online and more than half belong to social networking sites (Billitteri, 2008). In a survey I conducted, which included 22 teenagers, 18 answered yes to owning a cell phone. Of those who owned a cell phone, all had access to internet via their phones. In addition, only 2 people were not members of social networking sites; one owned a

JOHN JAYS FINEST 3

cell phone, one did not. This shows how widely spread these means of communication are. In addition it shows that there is constant connectivity to the internet available to reach this means of communication. It is easy to become a part of these sites or acquire instant messaging services, because they are free and do not ask for much in order to be a member. Teenagers may rely on these means to communicate with most, if not all, of their friends. This makes internet access and social networking sites a necessity for most adolescents. Online communication allows the adolescent to facilitate communication among peers as well as impedes the parental gaze (Livingstone, 2009). It is easier to express oneself without having to worry about the reaction upfront and having more time to respond to someone else's questions or confrontations. It makes it easier for adolescents to deal with day to day occurrences. It also Where a phone call could be inconvenient, facilitates communication in the and possibly a hassle, an instant message sense that it is faster and more would suffice. Avoiding the parental gaze is convenient to send a instant message, no matter where you also major reason this form of communicamay be, for simple questions tion appeals to adolescents. such as Where are you? or What was the homework?. Where a phone call could be inconvenient, and possibly a hassle, an instant message would suffice. Avoiding the parental gaze is also major reason this form of communication appeals to adolescents. Although some parents supervise or regulate internet usage, it is easy to use these websites as well as instant messaging without their knowing or constant intrusion. A screen name requires a password, thus blocking a parent from peeping into their teenagers conversations. In addition, a written conversation is difficult to supervise because a chat can be minimized on a computer/laptop (Livingstone, 2009), the conversations flow quickly rendering incomprehensible, and the conversation can happen virtually anywhere. This is a large difference from a phone conversation which can be overheard and most likely be monitored in the sense the conversation should be appropriate and not too lengthy. Another intriguing aspect of using a social network or communicating via instant messaging is that you can be whoever you choose to be. When a person is behind a screen, possibly anywhere in the world, you may never know who they really are. Everything from a persons name, age, appearance to their sexual orientation and personality can be completely fabricated. 51% of Adolescents revealed they have pretended online, either a couple times before occasionally, often, or all the time (Gross, 2004). Of those who pretend all had lied about their age; 82 pretended to be older while 7 pretended to be younger. 17 of those respondents pretended to be other personas. Understanding the role of Social network and instant messaging usage is important. Adolescents mainly use sites to express thoughts and network socially (Anderson-Butcher, Lasseigne, Ball, Brzozowski, Lehnert & McCormick, 2010) . Essentially, they use these websites to maintain, nurture, and expand their friend base. Their profiles become their online identities. They can freely say whats on

4 JOHN JAYS FINEST

their minds and portray themselves exactly how they wish to. The internet promotes interpersonal communication amongst adolescents and for an introverted individual it can be a form of social compensation (Anderson-Butcher et al. 2005, p. 65). Social compensation means that where the introverted adolescent fails to have proper social skills in person, he/she may make up for it on the web. The web allows the individual to excel in an area they may have otherwise not excelled in. Interpersonal communication is encouraged through these sites because teens can interchange messages at their whim. The can give their thoughts on content, pictures, videos, etc. When they do this, it is more than likely that they will get a response and since their thoughts are viewable by others, others may jump into the conversation. Although online communication may be convenient, appealing, and encourage positive interaction and growth for a teen, it is not completely safe. If adolescent themselves are pretending to be someone they arent, its important to realize that other people out there will pretend as well. While the majority of teens who have pretended reported it was merely as a joke, other people might not have the same reasons. Every individuals reason for pretending can differ; chances are not all of those people will have innocent intentions. An adolescent is in a period where their identity is forming and they are trying to individualize (AndersonButcher, Lasseigne, Ball, Brzozowski, Lehnert & McCormick, 2010). Pretending can be one of the ways an adolescent approaches this time in their lives via technologies, whereas a predator is fully conscious of what they are doing and what their intention is. When people think Predator they automatically believe the person must be a pedophile. This is not always true. Predators may come in two forms; the pedophile and the bully (Livingstone, 2009). Each predator poses a different threat to the adolescent. A pedophile poses a sexual threat while an online bully poses as a violent aggressor. The pedophile is manipulative and gains the trust of an adolescent via the internet in the hopes of eventually earning a face-to-face meeting with the intention of a sexual encounter (Marcum, 2009). The threat posed by the pedophile is more direct and obvious, but the bully should not be disregarded. Online bullying, also known as cyber bullying can be very harmful. Some long lasting effects include acute emotional distress, academic problems, school absenteeism, violence, desire for revenge, and vulnerability to sexual predation (Billitteri, 2008). There are many other risk factors that may lead to negative effects of social network and instant messaging usage. Adolescents may engage in risky online behavior without even noticing. Posting pictures of yourself or friends, posting the city/town you reside in, your school name, your last name, email address, IM screen name, or cell phone number on social networking sites are all risky behaviors (Stamoulis & Farley, 2010). Responding to a stranger, being friends with strangers, and visiting chat rooms are also risky behaviors. It is very difficult to completely manage your privacy once you enter the cyber world thus making it easy for others to access the content you post. These risky behaviors can trigger an increase in online harassment and unwanted sexual solicitation (Stamoulis & Farley, 2010). It is important to understand what online risk taking entails. Simply posting up a picture of oneself may encourage a stranger to make contact. Posting up more

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private information such as a cell phone number, email address, or IM screen name can induce harassment and unwanted contact. It is especially hard to control or screen who can contact you because these means of communication make you virtually available all the time. Privacy settings might also be confusing, or completely unknown to the user. Instant Messaging and Social Networks can cause many negative personal effects. Addiction, negative influence, manipulation, neglecting homework, neglecting friends, isolation, wasting time, diminished intellectual capacity, shallowness, language mistakes, vulgar language, violent behavior, and violence instigation are effects of using these technologies (Cucos & Labar, 2009). By frequenting the use of social networking sites and instant messaging, adolescents It is impossible to regulate all the are allowing for these effects to possibly material and information which develop. Risk behaviors involving oneself personally include discussing circulates through instant messaging substance use, criminal activity, and and social networks. sexual activity on these sites (Williams & Merten, 2008). Others may use profanity of express the want to physically hurt themselves or others. These are serious risk factors because they show that these sites in a way cause adolescents to brag about illicit and self harming activities. If peers acknowledge that these activities are acceptable, they will continue to occur. Others may express feeling lonely, depressed, worthless, discouraged, worried, or like they do not fit it. If these feelings do not get acknowledged it may worsen the problem. In addition to personal effects, there are various physical effects these technologies can cause. Tiredness is one of the physical effects that many can experience. This may not seem like a major side effect but it can be. A teenager who is up all night chatting will be tired the next day at school while one who has rested will most likely be more energetic. In addition, sitting behind a screen for long periods of time can have other health consequences like a sight and backbone conditions (Cucos & Labar, 2009). Spending a large portion of time accessing the internet will also cause an adolescent to spend too little time in open air. It is important to note that it is unhealthy for teenagers to spend such a large portion of their time accessing the internet to use these technologies. It takes away from day to day activities and face to face interaction, which are necessary actions in the lives of adolescents. Along with personal and physical effects there are a couple other risks in accessing the internet when using these sites. Adolescents are exposed to false and uncensored information. It is impossible to regulate all the material and information which circulates through instant messaging and social networks. This can be very dangerous, especially for adolescents. Gossip and rumors can spread easily and quickly. An embarrassing or private photograph can be distributed to a large amount of people. During adolescence, emotional, psychological, social and mental changes are occurring (Mannheim & Zieve, 2008). It can be extremely difficult to deal with a rumor or exposing material being circulated during this confusing period. By allowing their privacy to be breached at such a level, adolescents are constantly putting their well-being at risk.

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When using social networking and instant messaging risks are inevitable, yet adolescents have made it such a immense part of their life that these technologies have become indispensable. To stop using these means would not be a plausible nor intelligent solution. Technology is meant to be used to make ones life easier. In order to make this technology work positively and in the safest way possible measures must be taken. Adolescents and parents must both play their roles in making the internet safe. Being able to communicate concerns with one another is the key to making the internet a safe place. One of the best tools against online risks is knowledge. By knowing what exactly constitutes a risk, an adolescent can protect him/herself against it. Adolescents should inquire about privacy settings and policies of social networking sites and instant messaging. They should be careful to not expose themselves by putting an excess of information as well as private information on the internet. If your contact information is not displayed to strangers, it is less likely that a stranger will contact you. Simply minding the information you place on these sites alone minimizes the risk of being on the web. It is also important for parents to become knowledgeable about online communications. Parents need to play their part as a responsibility to their children (Livingstone, 2009). They can help an adolescent stay clear of potential risk by informing their child of the limitations of online communication and monitoring the child without making him/her feel that they are not trusted. Parents can also use certain software to help regulate what their child has access to. Filtering and blocking software will filter the receipt of messages, text, or pictures containing certain language as well as block access to certain sites. Filtering software is different from software which offers parental control. Such software allow parents to see exactly what their children have been viewing, monitor chat room sessions, instant messaging, and email (Livingstone, 2009). Parental control software may can be ineffective in the sense that adolescents react strongly against being virtually spied on (Livingstone, 2009). The best way to prevent adolescents from falling victim to or suffering side effects of using online communication is by opening their eyes to all that is out there. Adolescents may think twice before posting contact information if they know it could lead to unwanted sexual solicitation. Adolescents may spend less time in front of a computer screen if they realize it could cause them to be tired and could eventually lead to spinal problems. Teenagers must open up their eyes to these possibilities in order to lessen the negative effects of using online communications. By minimizing the risk factors, adolescents will be able to maximize the benefits they reap from using these technologies.

REFERENCES

Anderson-Butcher, D., Lasseugne, A., Ball, A., Brzozowski, M., Lehnert, M., & McCormick, B.L. (2010). Adolescent weblog use: Risky or protective? Child & Adolescent Social Work Journal, 27 (1), 63-77.

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Billitteri, T. J. (2008, May 2). Cyberbullying. CQ Researcher, 18, 385-408. Retrieved November 9, 2010, from CQ Researcher Online, http://library.cqpress.com/cqresearcher/cqresrre2008050200. Cucos, C., & Labar, A.V. (2009). The impact of the current technologies on the youths Personalities Development. Philosophy of Education, 61 (1), 1-18. Gross, E.F. (2004). Adolescent internet use: What we expect, what teens report. Applied Developmental Psychology, 25, 633-649 Livingstone, S. (2009). Children and the Internet: Great expectations, challenging realities.Cambridge: Polity Press. Mannheim, J. K., & Zieve, D. (2008, October 18). Puberty and adolescence: MedlinePlus Medical Encyclopedia. National Library of Medicine National Institutes of Health. Retrieved November 9, 2010, from http://www.nlm.nih.gov/medlineplus/ency/article/001950.htm Marcum, C. D. (2009). Adolescent online victimization: A test of routine activities theory. El Paso: LFB Scholarly Publishing LLC. Stamoulis, K., & Farley, F. (2010) Conceptual approaches to adolescent online risktaking. Cyberpsychology: Journal of Psychosocial Research on Cyberspace, 4 (1), 1-10.

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Art 111

ANALYSIS OF GEORG FLEGELS STILL LIFE

____________________ DANIEL KHAN

Georg Flegel, a master of proportion and scale, was a German contemporary of Caravaggio, living from 1563-1638. One of his still lifes, painted with oil on wood, depicts the elements of a meal. The irony in Flegel's subjective play with scale is that while accurate, the sizes of these objects lead us to question the societal norms of the time.

SEVERAL RECOGNIZABLE PIECES OF FOOD and related objects are spread through this pictorial balance with medium-value contrast. In their detail and complexity of color, each object could itself be separate a composition. The table is set for an individual meal. What can be identified as the focal point, however, is an empty space. There is an unfilled area of the plate so large that it overwhelms the food on it. The metallic plate is positioned at the bottom of the painting. On its center is an individual cooked pigeon or similar small bird, with two green olives to its left. The unused space opens a solid reflection of the meal, from the left most area to the lower center. This is complimented by a shadow cast by the right edge of the food, which flows into a stronger shadow that falls underneath the plate's brim. To add to the focal point is a small living bird, perhaps a sparrow, which sits atop a roll of bread, peering down at the plates emptiness.
The Assignment and the Writer: I asked my students in Art 111 to write a studio analysis of a painting from the European Galleries at the Metropolitan Museum. In their analysis they were to use the appropriate terms from the vocabulary of art. They were to define the application of each term within the painting. They were to be specific in recreating their visual journey. Dianel Khan becomes involved in the journey of this narrative. Through his path of vision we visualize Flegels still life coming to life. The focal point, a meal, becomes symbolic in itself and the person it is for. We are guided through the subtle nuances of every detail. He makes us aware of the multiple ironies in this narrative. -Professor Stella Nicolaou

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Three-dimensional effects are achieved by the contrast of light and dark areas. The collection of food items lies on an embroidered tablecloth. The tablecloth stands out due to its intricate diamond pattern, and its white hue that picks up gray tones as it stretches upward. All subject matter sits slightly illuminated on a green surface, perhaps a table, that blends easily into a black background and vanishes towards the upper-right corner (the question of whether it is a table derives from the lack of an edge). One subject, a whole bread roll, sits only half-way on the green surface. It is drawn to a near square-shape, in a tinted yellow that matches the color of the split walnut shell below it. The roll is well-lit, and provides stark contrast to the dark background that begins immediately above it. Irony in commonplace western eating habits is presented by Flegel. The There is the living bird looking color blending techniques he uses makes the down it needs neither knife lemon, walnut, and bread stand out, while the cooked bird is portrayed as a bland- nor chalice. beige all throughout. Careful dab techniques add a brightness that reveals what could be a dust-like layer of flour, or, the start of molding, on the upper surface of the roll. Hence the light serves to take away the grandeur of the meal being suggested. The small bird may have been considered a delicacy as it is currently in some cuisine; but this in itself is a point of ridicule to some who demand that a socially advantaged persons main course be large in portion. In this still life, the bread is of greater size than the meal's main course. The shadow cast onto the plate supports the impracticality of this meal. When our view shifts to the opposite of this empty side, we find only two large olives as an attempt to fill the plates void. Brush effects appear on objects such the half-sliced lemon, and the small bird sitting atop the bread. All other areas appear to be realized by the blending of hues and smoothing out of paint. The color scheme is generally cool, not overwhelmingly so. This is most evident in the clear glass with bubbly base that is three- quarters full, and in the silver-polished dish. The orange-toned pot, possibly made of earthenware, is presented in large scale at the upper left of the painting. All across its surface is crafted a vine, adding to the naturalistic feel of this eating arrangement. Should there be a societal trend to establish class status from a table setting, the vine is a reminder that eating habits are at their core intrinsic to our survival. The way it runs continuously in the view presented is a metaphor for the fact that living creatures will always rely on the same basic functions as eating. Important to note is how Flegel has drawn the pot with a metal cap that remains closed, as if a restriction has been inserted to the meal by the cool color tone. If this pot is to be used for hot drink such as tea, then two possibilities arise: missing is a chalice to contain it, or, the tea has been poured into the glass. The latter option is viable, since the glass is visibly thick enough at its base to hold a hot drink, and the liquid present has the brown tone of tea. Inconspicuous in its absence is a knife to use for the bird on the plate; we can infer that such an object is available

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to the person dining, since the lemon is cleanly sliced. This adds to the contention that the meal will be eaten primarily by hand. There is the living bird looking down it needs neither knife nor chalice. In it naturalistic simplicity its stands out as from the other subjects. The high-culture image that can be drawn from the decorated tea pot and tall glass is challenged by a small creature. Easy to miss while scanning the painting is the sight of it holding a piece of walnut in its feet. So far the bird has enjoyed a meal at the expense of the human who neglected it. There is also a sort of dark humor in the fact that this bird lives while another is served as a meal on the dish. Again we see a naturalistic theme. Perhaps in seeing how the food looks just as it would today, especially in the realistic techniques of Flegel, we expect to see additional familiar signs of our modern era a cup, fork, and large portion of meat. The eating habits presented here differ from our ways today. Yet we are reminded these habits are derived simply from the ongoing human need for survival, regardless of the dining choices or paraphernalia that distinguish us from one another. Link to still life: http://www.metmuseum.org/toah/works-of-art/21.152.1

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Drama 115

PLAYING FOR THE FUTURE

____________________ DIMAL BASHA

just like the living beings in our planet. To keep theatre growing and evolving in the future, I will argue that we should diminish criticism that tends to hold theatre and art in the past by comparing it to previous works created by previous artists. New generations of artists should never carry historical ghosts because they leave a river of talent unexplored. New inventions amaze people. Every book written, every movie made, and every painting brings us a new story that we have not seen or heard before. This is the story of theatre. It is always a new story that comes to light with the new generation's creativity. For instance, Stanislavskis innovative improvisation system lost him friends, but his creativity broke the barriers of conformity. In return, we received change that altered the old (Barba, 2002). Spolin acted according to Americas New Deal era. While many souls were depressed, Viola Spolin invented new improvisational rituals that kept hundreds of poor kids happy. She introduced new improvisation techniques that brought new spirit to the people who were haunted by ghosts (Coleman, 1990). _______________________
The Assignment and the Writer: In Improvisational Theatre, students are required to read texts that focus on the history, the theory, and the practice of the art of improvisation. Students also do improvisations. This pedagogical approach helps them gain a greater understanding of the reading by providing them with opportunities to embody the material. In each of their writing assignments, students must critically analyze the texts and the physical in-class work in order to build a bridge between the theory and practice of the art of improvisation. In one of these writing assignments, students were asked to answer the question: What Is Theatre? Dimal Basha answers eloquently. His argument, that we need to look forward in order to forge new creative paths, is at the heart of the art of improvisation. - Professor Meghan Duffy

THEATRE IS ONE SMALL CELL THAT CONSTRUCTS THE BEAUTIFUL ORGANISM OF ART. I call it organism because I see theatre as something that evolves and grows

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Foundational training is a process that gives us the groundwork for creativity. We should all learn the trade of art from our previous masters, but one does not, nor should not, hold himself hostage to previous forms of art because we will fall victim to tradition. For example, Eugene Barba (2002) warns us that traditional traces are full of traps (p. 27) that can serve only as an obstacle that leads us to conformism. In other words, theatre is not a form of art that should be strictly maintained as a heritage of our predecessors because that will lead us to what Barba (2002) calls, a pedagogical fiction (p.21). A pedagogical fiction will eventually plunge students into an often unintelligible stream of physical and mental obstacles (p.25) that diminishes creativity and establishes uniformity. Theatre history should be appreciated, but we must not concern ourselves with the criticism of the outside world, which tends to maintain theatre as a religion tied to the past and compare today's work with previous master pieces. Criticism will always be there to distract artists [T]he outside world . . . tends to maintain from being creative, and holding them back from pushing the theatre as a religion tied to the past[.] borders into new lands. We will become victims of the judging spectre that will not just hurt us personally, but it will also damage society as a whole because fear of failure and judgment are societys defenses against creativity (Nachmanovitch, 1990, p. 138). Artaud (1958) attempted to warn future artist of such distraction, and he encouraged them to look forward rather than backwards when he stated that the world is hungry and not concerned with culture (p.7). This very concern is not new to us and has been a major distraction to the previous geniuses that have suffered from this intimidating disease of failure. This is best illustrated by Brahms who was unable to finish his symphony for over twenty years because of the pressure from Beethovens work that the society considered as majestic. This intense pressure shows in one of Brahmss letters written to his friend Herman Levy in 1874, where he wrote, you don't know what it feels like to be dogged by that giant! (Nachmanovitch, 1990, p.136). Moreover, Artaud (1958) also shared Barba's concern that we should not fall victim to tradition that was viewed as senseless constraint (p. 9). Artaud called for the new innovation of constant magic (p.8) that will extend the limit of culture and civilization. In other words, Artaud argued his case in favor of looking forward to new creative ways and giving up on the idea of looking back in history for previous art works that are not relevant in today's world and tend to be more destructive than constructive to the new generations of artists who take the stage in theaters. Therefore, as Eugene Barba (2002) remarked in his article The Essence of Theatre, we have a conflict between the past and the future, where the former tends to hold back the latter. However, as he later stated in the same article, a thirst obliges us to reach the beyond (p.18) to further develop theatre and not fall a victim of history. Antonin Artaud (1958) argued that old art work is not relevant because times have changed and creativity will be halted if we compare the old with the new; hence, he states that old poets should make way for others (p.78). Second, it is destructive to new artists and their work because we create an environment where previous master pieces are set so high in the artistic ladder that Stephen

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Nachmanovitch (1990) thinks of them only as destruction to the future. Nachmanovitch argues that, these personalities and their work are so spectacular that you might as well keep your mouth shut to begin with (p.135). In other words, Artaud and Nachmanovitch remind us that previous artwork in general should not be compared to today's work. We should move on from their place in history and move ahead with new innovations. Therefore, old work should not be the standard for the new because it will create a tough reality that will instigate the fear of judgment, fear of failure, and frustration that will eventually establish defenses against creativity for future artists to come (Nachmanovitch, 1990. p.138.). Theatre has a rich history and new and innovative artists who have pushed the limits of convention. The new generation that never looked back to the work of historical ghosts set the stage for dramatic exploration. The mutated cells created theatre as a great and beautiful organism. This new organism encourages artists to play for the future and to keep traveling on a never-ending creative path.

REFERENCES

Artaud, A. (1958). The theatre and its double. New York: Grove Press, 1958. Barba, E. (2002). The Essence of Theatre. TDR: The Drama Review, 46(3), 12-30. doi:10.1162/105420402320351459. Coleman, J. (1991). The Compass. The improvisational theater that revolutionized American comedy. University of Chicago Press. Frost, A. & Yarrow, R. (1990). Improvisation in drama. Improvisation in traditional drama. Palgrave Publishers Ltd. Great Britain. Nachmanovitch, S. (1990). Free Play. Improvisation in life and art. Penguin Putnam Inc. New York.

14 JOHN JAYS FINEST

Corrections 101

THE FORGOTTEN OFFENDERS: WOMEN OUTSIDE PRISON

____________________ MICHAELLE HOWARD

INTRODUCTION

THE CULTURE IN FEMALE PRISONS differs from that in male prisons. There are more treatment programs for men than women. Violence is present in both mens and womens prisons; however, it is found that violence is more prevalent and severe in womens facilities. Physical and sexual abuse tends to occur more frequently in womens prisons between inmates and between corrections officers and inmates (Clear, Cole, & Reisig, 2010. pp. 296-297). Many organizations attempt to balance the gap of services women receive inside and outside prison. The Womens Prison Association (WPA) is a service and advocacy organization committed to providing direct assistance and support to women with criminal histories. They offer an integrated continuum of services in response to five key areas of need: livelihood, housing, family, health and wellbeing, and criminal justice compliance (WPA, 2010).
The Assignment and the Writer: For a final paper in my fall 2010 COR 101 class , Michaelle Howard wrote about a corrections organization, the WPA. This assignment asked students include the history, mission, and accomplishments of the organization, and to comment on successes and deficits. Michaelle paper it was particularly successful because it carefully addressed the areas needing improvement for incarcerated and/or released women. She went beyond my expectations and conducted constructive interviews with the staff of WPA, and the essay is evidence of Michaelles thirst to research this topic. In addition, she broadened her own thinking by connecting the topic and the work of the WPA with what was presented in class. Michaelles essay makes a clear case for why women are still considered "the forgotten offenders." -Professor Anila Duro

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JOHN JAYS FINEST 15

THE REAL CONCERN

The population of women in prison in the United States has grown at a remarkable rate, and violence is more visible. The Department of Justice released a report titled "Sexual Victimization in Prisons and Jails Reported by Inmates, 200809, which found that of 90,000 inmates, more than 4 percent of prison inmates and over 3 percent of jail inmates, reported being sexually victimized in custody. Female inmates were more than twice as likely as male inmates to report experiencing sexual victimization by another inmate (Beck, Berzofsky, Casper, Harrison & Krebs, 2010). Women sexual abuse includes assault, harassment, and sexual misconduct that can be initiated by an employee, volunteer, official visitor, and/or representative (Clear, Cole, & Reisig, 2010. pp. 303-304). Another study conducted by the United States Department of Justice found that females who are incarcerated had a higher rate of rape and sexual assault than females outside prisons (Faiia, 2009. p. 2).

THE FORGOTTEN OFFENDERS: INADEQUATE SUPPORT FOR WOMEN

Research shows that there is a lack of educational and vocational programs made available to incarcerated women. The lack of job training while in prison causes women parolees to rely on government programs. The programs available, though When children are able to visit limited, help these women assimilate back into [their mothers in prison] they society. High School General Equivalency Diploma services are provided, but additional often have to abide by the higher education opportunities and services are same rules as adult visitors; no not offered, which would further help them to physical contact. obtain employment and become self-reliant and self-sufficient. The lack of adequate programs confirms the label attached to these women as the forgotten offenders (Clear, Cole, and Reisig, 2010. pp. 303-308). Furthermore, 65 percent of incarcerated women are mothers. About half of these mothers do not see their children during their prison sentence. A major reason is because there are not a lot of correctional facilities built near their childrens homes. It is often hard to transport the children to the facilities, causing visits to be short and irregular. When children are able to visit they often have to abide by the same rules as adult visitors; no physical contact. The prison environment can also be very intimidating to children. These strict limitations can be damaging to the mother-child relationship (Clear, Cole, and Reisig, 2010. pp. 306-307). The rate of growth for women incarceration is 1.5 times higher than the growth for men. In 1977, there were approximately 12,279 women who were imprisoned (WPA, 2010). In 2001, the numbers of incarcerated women increased to 85,031 and organizations such as the WPA try to offer services and resources to women who are in desperate need (Greene & Pranis, 2004).

16 JOHN JAYS FINEST

WOMENS PRISON ASSOCIATION (WPA): SERVICING WOMEN IN NEED

The WPA is a nonprofit organization that is funded by both public and private sources. It was founded in New York City (NYC) in 1845 by Abigail Gibbons and Catherine Sedgwick to combat the harsh conditions that were present in jails and prisons. As of today, the organization has served over 2500 women (WPA, 2010). WPA has an admission and screening process. Women who are interested in services are screened through a series of questions. After the screening, the women are invited to attend weekly orientation sessions. They are introduced to the services provided by the WPA and given guidance on how to navigate throughout the community. The pre-release planning program matches women with a peer mentor. Some of the peer mentors are formerly incarcerated women. Peer mentors support and train their mentees on job responsibilities at the workplace, how to improve their listening skills and how and where to gain information about other available resources (WPA, 2010). WPAs direct service network is organized in three broad areas including residential and family services, reentry services and neighborhood based services in East New York. Within these program areas, WPA offers alternatives to incarceration, family reunification assistance and family support services, reentry case management, targeted assistance and support, and jail and prison based education and pre-release services. The educational and training program components include: AIDS care and education and counseling. These programs offer women important information on the risks of HIV and AIDS. The case management component allows women and case managers to plan short and long term goals after their release from prison. Some of the targeted assistance programs include: housing placement and retention assistance, employment readiness, placement and retention assistance, mentoring, supportive counseling for women with HIV, HIV counseling and testing, and Assistance in custody of children (WPA 2010).

FIRST HAND INFORMATION: INTERVIEW WITH WPA

Alexandra Villano, Director of Strategic Initiatives of the WPA, expressed that the WPAs primary focus is to provide direct services to women residing in NYC, although at times services are provided outside of the five boroughs. Women find out about WPA through prison and jail based programs, corrections staff and through word of mouth. Women who are already in the community may obtain information through their parole or probation officer, in addition to community based organizations. Women can obtain services from WPA for any length of time. In the residential program, women are in residence for up to a year, but can continue to receive supportive services after they have integrated into the community. Director Villano explained that WPA encourages clients to return to the agency as many

JOHN JAYS FINEST 17

times as they need in order to become stable and self-sufficient. The WPA serves all women, regardless of the offense committed. The nature of the crime may be taken into consideration in cases where there might be an issue in the residential program (Villano, 2010, e-mail personal interview).

RECOMMENDATIONS: LOOKING AT THE FUTURE

The chances of women becoming successful members of our society while incarcerated or when they are released are less successful without the assistance of organizations such as the WPA. Director Villano pointed out that WPA is forced to provide services within NYC because of the harsh economic times, which show the lack of services in other states. Furthermore, additional research is needed to substantiate the need for more funding to support programs geared towards helping incarcerated women and/or women released from prison. The current prison programs need to be evaluated and assessed to ensure their effectiveness. There is also a need for more public services geared towards helping newly released women to reduce the chances of recidivism. Lastly, if we can determine to what degree incarceration rates are driven by the differences in the types of criminal behavior and correlate it with the rise of women being incarcerated, we can develop more preventative programs. This way we can determine to what degree incarceration rates are driven by differences in criminal behavior, and to what extent they are driven by differences in law enforcement, sentencing and/or correctional practices. You cannot take a woman out of the prison system and put her back into society with no skills and no education and expect her to be able to survive and navigate the myriad of systems without having anything as a buffer. Youre setting that woman up to fail (WPA, 2010).

Beck, A, Berzofsky, M, Casper, R, Harrison, P & Krebs, C (2010). Sexual Victimization in prisons and jails reported by inmates, 2008-09. Retrieved from http://bjs.ojp.usdoj.gov/content/pub/pdf/svpjri0809.pdf. Clear,T, Cole,G & Reisig, M. (9th Ed). (2010). American Corrections. Monterey, CA: Thomson Wadsworth. Faiia, M. (2009). Women behind bars. Rivier Academic Journal. (5). pp. 1-6. Greene, J & Pranis, K. (2004). The punitiveness report hard hit: The growth in the imprisonment of women, 1977-2004. Retrieved from http://www.wpaonline.org/institute/hardhit/part1.htm#np. Villano, A. (December 2, 2010). Personal e-mail interview. Womens Prison Association. (WPA). (2010). Retrieved from http://www.wpaonline.org.

REFERENCES

18 JOHN JAYS FINEST

English 101

RACIAL PROFILING: PREVENTING CRIME OR CREATING ANIMOSITY?

____________________ MICHAEL NAPOLITANO

AS SYMBOLS OF AUTHORITY AND INFLUENCE, law enforcement officials are expected to continuously develop new methods of ensuring community safety by reducing crime. One of these methods that has caused a great amount of controversy and has raised many question marks in terms of law enforcements attitudes towards those of a minority race has been that of racial profiling. Racial profiling is identified as the stopping, questioning, or detaining of a particular person based on race, ethnicity, or certain stereotypes that are affiliated with a particular racial group in order to reduce crime. Most of the time, these stereotypes that are taken into account relate to a racial groups tendency to commit a crime. One of the main concerns that arise from the racial profiling controversy is that law enforcement officials automatically view those of a minority race as criminals or potential criminals solely on the base of skin color. While some may argue that racial profiling practices are morally justifiable since the end goal of these practices is to enhance community life by reducing crime, racial profiling is ineffective because it depicts members of a minority race as law breakers and inferior members of society, which leads to the formation of racist and pessimistic views towards minorities. As a result, minorities become suspicious and afraid of potential interactions with the police. _________________________
The Assignment and the Writer: My English 101 students were asked to investigate an issue related to the class theme of 'identity' and to create a research question based on their findings. Michael's thoughtful critique of the effects of racial profiling on the trust relationship between police and minorities and police and American society at large is the type of carefully researched and wellbalanced approach to college writing that informs us all. -Professor Claudia Zuluaga

JOHN JAYS FINEST 19

The main argument that is used in support of racial profiling is the potential to ensure a greater community life by reducing crime. Such an argument was used by high ranking officials of the New York City Police Department in support of the controversial stop, question, and frisk policy. In 2009, Columbia Law School professor Jeffrey Fagan reported that a study conducted by the Center for Constitutional Rights found that out of 750,000 stops conducted by New York City police officers, about 150,000 of these stops were incidents where a police officer approached someone without any legal justification (Baker & Rivera, 2010, para. 6). In other words, if the officer questioned and even searched someone just because they were in a high crime area, coupled with the fact that they did not appear to have any drugs, weapons, or did not match a broadcasted description of a crime suspect, legal justification was not appropriate in that particular search (Baker & Rivera, 2010, para. 9). In addition, the study also found that among the documented stops used in this data, use of force was used with blacks fourteen percent of the time and with Hispanics 9.3 percent of the time, while 31 percent of blacks were more likely than whites to be arrested rather than being issued a summons (Baker & Rivera, 2010, para. 27). When approached with these findings, NYPD Police Commissioner Raymond Kelly said that the stop and frisk policy enabled the NYPD to reduce crime, remove guns off the streets and even stated that a large percentage of violent crimes involved a large amount of black suspects being identified by victims (Baker & Rivera, 2010, para. 19). Even though the stop and frisk policy was primarily enacted in areas that were made up of predominantly minorities, the main focal point of concern has been that the high frequency of stops is a reflection of law enforcements pessimistic view on minorities. Commissioner Kellys support of the policy shows that in some cases, law enforcement officials will support a certain policy, regardless of societal backlash or questionable practices, if the end goal of the policy is to greatly reduce crime. In addition to the support that racial profiling techniques get from various law enforcement officials, officers whose job it is to carry out racial profiling practices argue that profiling is a necessary part of their policing duties. Not only do officers maintain that profiling is an integral part of their work, they use the term criminal profiling in place of racial profiling. A study released in 2009, which was centered around on interviews with officers of the Hamilton Police Service in Ontario, Canada, revealed that police officers are trained to be aware for the potential for violence or danger through the identification of certain gestures, remarks, or clothing that have traditionally been accepted by officers as a foreshadowing of future crime. However, statistics showed that racial profiling has been very prominent in numerous police forces in Canada. For example, a study conducted by the University of Toronto revealed that in Kingston Ontario, forty percent of black males ranging from ages fifteen to twenty-four were more like to be stopped compared to eleven percent of white males(Satzewich & Shaffir, 2009, para. 8). In regards to questions of possible racial profiling, members of the Hamilton Police Service responded by saying that statistics relating to the racial background of police stops are prime examples of criminal profiling, not racial profiling. A minority officer interviewed for this study said that police officers are trained professionals in the sense that they need to follow profiling guidelines in order to do

20 JOHN JAYS FINEST

their job, profiling which he referred to as criminal profiling, not racial profiling (Satzewich & Shaffir, 2009, para. 32). In actuality, this so called criminal profiling is really racially motivated because a large amount of black men being stopped by the police shows that there is an underlying assumption that black people have or will commit a crime. The extent to which racial profiling practices are used forces police officers to alter their demeanor and present themselves in a more formidable manner around the presence of a minority. In Cincinnati, a Some people argue that the study was conducted of three hundred and thirteen traffic stops to analyze the interactions heightened security that has that took place mainly between black drivers been implemented in airports and white police officers. One of the main plays into the paranoia that findings of this study was that black drivers were more likely to be searched more citizens feel in regard to future extensively than white drivers. More terror attacks. specifically, black drivers were more likely to be questioned about the possible concealment of drugs or weapons, more likely to be asked to step out of the vehicle to be physically searched, as well as have their vehicle searched (Dixon, Drogos, Giles, & Schell, 2008 para. 40). In addition, the study also concluded that verbal communication between black drivers and white police officers was tenser and awkward compared to interactions with white drivers. In other words, when conducting traffic stops on white drivers, white officers appeared to be more apologetic and courteous, while officers interacting with black drivers were categorized as being a bit nervous, and presented a more authoritative tone of voice (Dixon, et al., 2008, para. 54.). One possible explanation for this behavior is that the stereotypical image of black males being portrayed as criminals affects how the officers interact with black people. An officer who believes the stereotype of crime being associated with black people will show a more formidable and guarded demeanor because he or she will be more likely to believe that the black person they are interacting with has committed a crime in the past, will commit a crime in the future, or have illegal contraband on their person or in their car (Dixon, et al., 2008, para. 55). While the study noted that there was no form of systematic profiling that found within the Cincinnati Police Department, the fact that verbal communication was altered around black drivers shows that as a result of stereotypes of black people and crime, officers change their demeanor in order to prepare themselves for possible criminal activity. Not only does racial profiling change the perception that officers have of those of a minority race, it changes the perception that minorities have of the police. The study which involved the Cincinnati traffic stops mentioned how a black person who has not committed a crime, does not have any illegal contraband, and experiences a lengthy traffic stop, will more likely form a negative view of the police. In a study conducted in 2002 of 1,792 white, African American and Hispanic adults living in primarily metropolitan areas, with populations of at least 100,000 citizens, results showed that a large percentage of both of African Americans and Hispanics hold a negative view of the police (Turch & Weitzer, 2005, para. 19).

JOHN JAYS FINEST 21

Seventy five percent of blacks and fifty-four percent of Hispanics surveyed said that they believed that the police in their cities treated Hispanics and blacks worse than whites, while seventy-seven percent of the whites surveyed believed that the police treated the three races in question equally (Turch & Weitzer, 2005, para. 20). Additionally, twenty-three percent of Hispanics and thirty-seven percent of blacks felt that they had been treated unfairly by the police compared to only one percent of the white people surveyed (Turch & Weitzer, 2005, para. 21). While there can be a wide range of undocumented reasons as to why the minorities in this survey responded the way that they did, lengthy, unreasonable searches, noticeable changes in officers demeanor around minorities, as well as stereotypes about racial profiling reinforced by the media could have played a very important factor. In addition to the racial profiling controversy that surrounds the police, African Americans, and Hispanics, the growing threat of terrorism has led to the racial profiling of those of Middle Eastern descent. After the terrorist attacks of September 11, 2001, the fact that nineteen of the hijackers as well as the terrorist organization which coordinated the attacks belonged to an extremist sect of the Muslim religion, an increased sense of paranoid suspicion has been placed on Muslims in general. On January 1, 2009, nine Muslim passengers, which consisted of three young children and six adults, were escorted off AirTran Flight 175 from Washington D.C. en route to Orlando, Florida, after two passengers reported to an airline marshal that two of the family members were discussing which seats on the plane were the safest seats (Kleiner 2010, para. 2). After being removed off the plane and questioned for five hours by the FBI, federal agents decided that the family posed no national security threat, and the whole situation was a result of a misunderstanding. Atif Irfan, one of the passengers escorted off the plane, said that he felt that his family deserved an apology for being treated as second class citizens (Kleiner, 2010, para.7). This controversy has caused some to question the security procedures that the Transportation Security Administration, a federal agency which falls under the Department of Homeland Security, established in order to thwart potential terrorists. Some people argue that the heightened security that has been implemented in airports plays into the paranoia that citizens feel in regard to future terror attacks. This paranoia will lead citizens and law enforcement officials to racially profile those of a Middle Eastern background on the basis of insignificant comments or actions, as evident in the AirTran flight 175 incident. From a law enforcement viewpoint, racial profiling is something that does not exist. In response to statistics that show members of a minority race being stopped and questioned at a very high rate, officers are likely to respond by saying that the high rate of minorities being stopped is a result of criminal profiling, meaning that the minorities in question displayed some type of characteristic which is traditionally identified by the police as a prelude to future crime. Since the supposed end goal of racial profiling is to enhance national or local security by reducing crime, or in some cases preventing terrorism, some may argue that racial profiling is justifiable and does not infringe on anyones constitutional rights or civil liberties (Lippert-Rasmussen, 2006, para.4). However, the fact that profiling occurs throughout various parts of the country, and even in places like Canada, shows the extent and influence that stereotypes relating to minority groups and crime have on

22 JOHN JAYS FINEST

the public. The constant ways in which blacks and Hispanics are classified as potential suspects in crimes such as robberies and shootings, as well as the classification of certain Muslims as potential terrorists by the media (news programs, newspapers, etc.), plays into the fear that many people have of a possible unsafe community or country. While some law enforcement officials and police officers think that so-called criminal profiling is a great way to ensure safety, they fail to realize that criminal profiling is a clever way of hiding the fact that whenever someone is extensively searched, questioned, or detained without any obvious, legitimate reason for doing so, race is one of the dominant factors that influenced such an interaction. If a high percentage of a minority race is stopped, and officers respond to this fact by saying that they are criminal profiling, they are unconsciously saying that they are stopping minorities because their race implies that they will commit a crime. A common theme among the previously mentioned studies was that intense scrutiny on a particular minority group does not imply that the officers imposing this level of high scrutiny hold racist beliefs. Even though there is a believable and logical sense that an overwhelming majority of police officers are not racist, one does not have to be racist themselves to show the reality that racial profiling warrants interactions with certain people just because of their race. To some people, their actions can be interpreted as racist without officers realizing it due to the fact that the officers fail to put themselves in the shoes of those of a minority race whom they come into contact with. Opponents of racial profiling are not necessarily taking for granted the dangers that officers encounter on a daily basis or the personal sacrifices that officers have to make in order to perform their duties effectively. Many people understand that officers need to combat crimes in order to improve the quality of life for people in a given neighborhood. However, the main point of an opponents argument that needs to be taken into consideration is that if normal, everyday citizens view authoritative and influential people such as police officers following racial profiling guidelines, they will be more likely to view members of a minority race whom they interact with on a daily basis in a more pessimistic manner. Minorities, on the other hand, will more likely hold a more suspicious opinion of the police; a negative view that can very well threaten the polices ability to make a positive impact in any community.

REFERENCES

Baker, A., & Rivera, R. (2010, October 26). Study finds police stops in N.Y. police unjustified. The New York Times. Retrieved from http://nytimes.com Dixon, T. L. , Drogos, K. L., Giles, H., & Schell, T. L. (2008). The influence of race in police-civilian interactions: A content analysis of videotaped interactions taken during Cincinnati police traffic stops. EBCSOhost, 58(3), 530-549. doi:10.1111/j.1460-2466.2008.00398.x

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Lippert-Rasmussen, K. (2006). Racial profiling versus community. EBCSOhost 23(2), 191-205. doi: 10.1111/j.1468-5930.2006.00326.x Kleiner, Y. S. (2010)Racial profiling in the name of national security: Protecting minority travelers civil liberties in the age of terrorism. EBSCOhost, 30(1), 103-144. Satzewich, V., & Shaffir, W. Racism versus professionalism: Claims and counter-claims about racial profiling. (2009). EBSCOhost , 51(2), 199-226. doi:10.3138/cjccj.51.2.199 Turch, S. A., & Weitzer, R. (2005). Racially biased policing: Determinants of citizen perceptions. EBSCOhost, 83(3), 1009-1030.

24 JOHN JAYS FINEST

Law and Police Science 202

DIFFERENTLY-ABLED
____________________ STEPHANIE INFANTE

THIS YEAR THE AMERICANS WITH DISABILITIES ACT (ADA) will celebrate its 20th anniversary. Passed in 1990, the ADA prohibits discrimination and ensures equal opportunity for people with disabilities when it comes to employment, education, and access to services and public facilities. With the force of law behind it, the ADA has helped to promote greater public awareness and sensitivity for the rights of people with disabilities which, in turn, has helped to reduce the discrimination that these people often face at work, at school or even simply walking through a park. With just over twenty years of my own struggles and accomplishments, one can say that the story of the ADA is also my story and the story of so many others like me. My name is Stephanie Infante. I have cerebral palsy. According to the ADA the term disability means, with respect to an individual (a) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (b) a record of such impairment; or (c) being regarded as having such an impairment. (P.L. 101-336, Sec.) . Although many agencies, organizations or documents define disability differently, they all agree that the term should be broadly defined, with no single, one size fits all definition. According to United Cerebral Palsy, disabilities can be cognitive, mobility related, or related to hearing, vision or speech. Therefore, there is no way one can tell if someone is disabled. For example, disabilities such as crones disease, arthritis, diabetes, liver, or kidney disease, may be internal and not visible to the naked eye. To understand my story, you have to know a little of my own understanding of the definition of disabled.
The Assignment and the Writer: For Law 202: Evidence, students were asked to select their own topics and to write about a film, a book, a poem, or a personal experience. The purpose of the assignment was to give students an opportunity to express their views without any constraints. They were to articulate their views, examine them, analyze them, support them, and reach a conclusion. I was looking for careful expression of ideas, and Stephanies essay met all the requirements; she wrote about a personal experience in an honest, positive way. Her theme is clear we can succeed with different abilities and her essay is a powerful reminder of John Jays commitment to success. -Professor Alan Flexer

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JOHN JAYS FINEST 25

I am not quite sure at what young age I became aware that I was disabled, and I use the term loosely. As a child I remember doing everything that everyone else did or, at least, tried to. However, I now recognize how much of my own experience had to do with my great support system. As a member of a very large family, I did not realize that I was different. I was included in everything, and although my abilities were different, I played right along with the other kids. Even though I played differently, I played. I was carried when jumping rope, held upright to catch a ball and wore a life jacket even at the shallow end of the swimming pool. This was all normal to me. So am I disabled? By the legal definition of disability, I suppose I am. However, as far as I am concerned, I am differentlyable. I can do anything that I set my mind to, with some obvious limitations and sometimes differently than others, but I can do whatever I want to do. So, I simply consider myself differently able because that's what I am. I can do anything you can do just differently. So what role has discrimination it played in my life? Discrimination is a life changing experience. It is a decision about someone based on race, sexual orientation, ethnicity, and or disability. The decision could be for or against the individual, but it is still discrimination because it is not based on merit. Discrimination against people with disabilities has been over shadowed by bigger discrimination issues such as race and gender. As you read this, you may wonder why I am so interested in spreading the word on discrimination against people with disabilities. First, its important to me that people become more aware and more educated. Most people do not concern themselves with issues that do not affect them. To coin a popular phrase ignorance is bliss. Unlike race and gender, you dont have to be born with a disability. Accidents can happen to anyone. Disabilities can happen at any time, at birth, by accident or by disease. Before the 1970s, the education of disabled children, when it occurred at all, took place in separate classrooms, separating disabled children from those who were not disabled. In fact, my mother once told me that she could not remember ever having a special (my mothers term for disabled used since I was a little girl) person in her class. Before IDEA and its predecessor statute, the Education for All Handicapped Children Act (enacted in 1975), the Department of Education reports that public schools in the United States educated only 1 out of 5 children with disabilities. My mother was just a child when these laws were first enacted. She had no idea what impact these laws would have on her own family. As a result of parents of disabled children who fought and argued against this segregation, the Individuals with Disabilities Education Act (IDEA), was born. IDEA is a law that controls how states and public agencies provide services to children with disabilities and ensures that these services are provided. These services include early intervention, special education and other related educational services such as speech therapy.

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There were many events during my life that taught me what being disabled or differently-abled really means. However, there are four that really stand out in my mind and interestingly enough; two of them were in the education system. I was fifteen years old when I first experienced discrimination. It was the summer of 2001. I signed up for the summer youth employment program because I wanted to work and earn some money of my own. It was my first shot at being independent, to break away, to meet new people and, to experience being a grown girl. A few weeks into my new job, the discrimination occurred. I was working in a retirement home for the elderly and I really loved it; that is, until I realized I was being given the easier and less challenging work. I remember wanting to be a part of the kitchen staff. I wanted to help with the parties and the fund-raising benefits. But I was never asked. They gave me many excuses: they were looking out for my health, or that I was not part of the kitchen staff, or the kitchen was on another floor and there were no elevators. In truth, I found out later, the real reason I was being held back was that I was seen as a liability. There was a freight elevator that was used to transport supplies from one floor to another. In fact, items prepared in the kitchen could be easily transported throughout the building but the staff was afraid I might be hurt and the retirement home sued. At the time I was nave and didnt realize what was happening was wrong. So, I didnt say anything. If I knew then what I know now, I may have handled it very differently; instead I went along with it. When I was a child I remember my parents saying you can do whatever you want. In fact most adults were very nice, so I had no experience with adults who might discriminate against me never really expected an adult to discriminate against me. After all, they are supposed to know right from wrong. Right? Later, at the age of sixteen, in my junior year of high school I wanted to enroll in the Co-Op Prep program, a program that allowed students to work one week and to attend school the other week. I had a teacher who was very dedicated to making sure disabled students were aware of their rights. He always made us feel like we could do anything we set our minds to and we looked up to him. He was the teacher that helped us form extra-curricular activities and groups and I really thought that he was the person to go to when I needed information or help with anything. It was with this mind frame that I went to him for help in applying to the Co-Op Prep Program. Unfortunately, the one person I thought could help me felt that I would not be a good candidate for the program. His reasoning was that I was disabled and I needed a paraprofessional to help me through the day. He made up his mind before giving me the chance to prove myself. It was then that I first heard of the ADA from my mother, who said that my teacher was in direct violation of the law. I chose not to pursue the issue and I now regret it. In retrospect, this was a violation of the Rehabilitation Act of 1973 which prohibits discrimination by federal agencies against people with disabilities. If I had decided to pursue, I could have opened doors for those that followed. Another disappointment came in my sophomore year at LaGuardia community college where I was enrolled in a developmental psychology class. I use

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an assistive device to get around and it sometimes takes me a very long to get from one place to another. Classrooms are assigned before the semester begins, prior to students being registered. However, as part of the reasonable accommodation afforded by the ADA, my classes are to be taught in the same building. When I registered, my disabilities counselor took action to change the rooms in order to accommodate my classroom access. This meant that the room for some of my classes would have to be changed. These room changes were apparently inconvenient for some of the other students. At the beginning of the first class, the professor decided to inform the students of the reason for the classroom change. Since my physical disability is readily apparent, I felt he was directing the blame on me and putting me on the spot. In addition to being very embarrassed, I felt targeted. Although his behavior was not technically discrimination nor do I think that he was being intentionally malicious, I felt that he ignored my rights to confidentiality and that he blamed my disability for the change in room. Soon after, I learned that another student took offense and complained to the department chair. He was reprimanded and the next day he apologized for putting me on the spot in front of everyone. However, the Disabilities Act is the law and those in authority should know better. I felt that he broke the law by not honoring it or its intent. Many people preach as to the unfairness of unequal treatment. I believe, they talk the talk but very rarely do they walk the walk. Some of those people who say people like me should not limit ourselves are the first to impose limits on us. A prime example of this type of behavior was provided by one of my vocational counselors. She may have had all the best intentions but when we first met she imposed limits on me that I had never expected. In her mind the only job that I could handle effectively was in an office performing clerical duties. She made it quite clear that she did not think I could do more than that. She went as far as implying that College was probably not the best idea for me (most students in the special education system do not have a great GPA and have difficulty taking tests). Can you imagine how I felt when I returned to her office with my Associate degree and describe my very successful internship at a high school? Who knew that the department that is supposed to help people expand their horizons, would, unfortunately be the one that tried to limit them? In a couple of years, I will be part of the corporate world and Im gratified to see how far weve come. During one of my internships, I came across information regarding the Equal Employment Opportunity Commission (E.E.O.C) established in July 1965. This commission oversees the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 and the Rehabilitation Act of 1973. The A.D.E.A prohibits age discrimination in hiring, promotions, or wages. This is the act that requires that employers specify the specifics of the job in their advertisement. Today, job announcements must state the specific physical demands required by a job. Why is the ADA so important? The ADA has done a great deal for people with disabilities. Not only does it protect us, it is our voice. It states that public agencies have the right and the responsibility to intervene, to get involved. Because of this, differently-abled children are getting mainstreamed into regular classroom

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education and the stigma that comes from being in the special education system is slowly decreasing. Children are being provided related services such as speech therapy, physical therapy and academic and personal counseling groups. They are also getting transportation to get to and from school so that they can have the same opportunities as everyone else. Under the ADA children in the special education program receive an individualized education plan that documents specific goals, and that predicts potential problems and success. However, there are still biases and prejudices. There are still those who believe that people with disabilities are abnormal, unproductive, useless, dependent and a problem. As a former student of the New York City Department of Education with a number of disabilities, I have become well aware of my rights. Unfortunately, there are those that are still ignorant. Discrimination happens every day, sometimes its just thoughtlessness, sometimes its intentional. There are those that say we get away with murder. You can even hear it at amusement parks when others complain because some children go to the front of the line. Do they not realize that, as a child, I would have given anything to be able to stand in the longer line with the other kids? And then there are those who hurt the disabled by It quickly took me back to when I was a getting services under false child and my mom used to argue with pretenses. That makes everyone angry, especially since it often means security officers or managers because the that services are being denied to wheel chair was too big for the aisle and people who really need them. We also get attitude from we couldnt go in. But my mom never people with preconceived notions gave up then and, last summer, neither that we are taking advantage of our did my friend. She just pushed me right disability. Advantage, what is that? Ive had to deal with insensitive into that new store. MTA Access-a-Ride drivers who do not want to inconvenience themselves by bringing down the lift so that I could get on the bus. It is sad to have to remind people of the ADA (which by the way Ive become very good at, but I should not have to). My parents made sure I was given every opportunity but they could not protect me from the inevitable reality of discrimination - a reality that I deal with almost every day. The latest incident happened as recently as last summer, while I was out shopping with a friend. A couple of weeks prior to our shopping trip we saw that a couple of new clothing stores were going to open. So we set up a day just to check out the new stores. We were excited; after all shopping is what we do. The excitement quickly ebbed when a store manager told me that I couldnt come in because of my wheel chair. It quickly took me back to when I was a child and my mom used to argue with security officers or managers because the wheel chair was too big for the aisle and we couldnt go in. But my mom never gave up then and, last summer, neither did my friend. She just pushed me right into that new store. The manager made such a scene and I was in such shock that I was not sure what to do. The scene got so out of hand that two other customers had to intervene.

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In hindsight, I should have called the police and filed a report. The other customers were very helpful and they probably could have been witnesses if I had pursued the matter. I should have taken them to court citing that they did not adhere to the ADA. But, as we know, only hindsight is 20/20. I didnt report it. But I decided then that I would not let anyone get away with treating me that way again. Fear is paralyzing and, although I cant go back, I can and will move forward. Discrimination has its roots in ignorance. Society is the worst offender for placing limits on what we can and cannot do. Most of us are well aware of our limitations. We do not expect to do everything. On the other hand, we would like to experience all that we can, when it isnt impossible to do so. Thats why I am anxious to spread awareness. I hope that others can benefit from my experiences; both what I did and what I didnt do. Ive learned what my rights are and I plan to have them work for me. In my short life-time, the changes have been profound. Disabled children in my mother's generation didn't have the opportunities that I have. But in her lifetime and now, in mine, change has come. Today we have the right to a quality education. We have the right to work, and we have the right to speak our minds and be heard. We have the right to take the train or the bus or to go into a department store. We can readily see the results of decades of hard-fought struggles and accomplishments. Those who have faced discrimination for reasons other than disabilities already understand. But there are many students and many graduates about to enter the workplace for the first time who will make the same mistakes as I. In the past Ive thought Okay, I will share what I know but no one will listen so whats the point? But I now understand that its not just about me. This is about those children going into the special education system not knowing what awaits them. Imagine, being seven years old and being told that you cannot go to school like your brother or sister, or being a teenager and not being able to go to the movies with your cousin because you use a wheelchair and the local movie theater does not have elevators or ramps. Imagine sitting home day after day, while life happens around you and there is nothing you can do about it. Twenty years ago, that was life for persons with disabilities, until the ADA. The ADA is for all of us. The ADA is there to tell us, You are not alone. We, the differently-abled can live successful, productive lives regardless of our ability or disability. What I say may not impact the entire population, but one never knows what can happen. You may not need it today, but if you ever do, its nice to know there is a law and an entire community of people saying, Weve got your back.

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Interdisciplinary Studies B9

COMBATING RELIGIOUS-BASED TERRORISM: THE IRRECONCILABLE GOALS SEPARATING TERRORIST GROUPS AND SECULAR AUTHORITY
____________________ CHELSEA DELGADO

The Assignment and the Writer: Chelsea's paper was written in response to the question: Based on the information in Mark Juergensmeyer's Terror in the Mind of God: The Global Rise of Religious Violence (2003), why is it so difficult to formulate and enact policy to combat religious-based terrorism and violence? -Professors Amy Green and Denis Sherman

IN THE WAKE OF THE TRAGEDY OF SEPTEMBER 11, 2001, the issue of terrorism has been thrust to the forefront of our global lens. From domestic measures taken by the United States to the adoption of a Global Counter-Terrorism Strategy by the United Nations, today, perhaps more than any other transnational or international threat, terrorism has not only become a primary focus of the international community, but also the most feared. Following the attacks against the United States by Al Qaeda, our country sought to respond to our national threat through a selfdeclared war on terrorism; however, through this declaration, we have made one significant assumption: the fight against terrorism is a conflict that can be won through conventional means of warfare or can be won at all. However, after nearly ten years of such a war and no quantifiable progress, it is becoming clear that combating terrorism is a much more complex and multifaceted task than first anticipated. Because of religious-based terrorist groups adherence to their own moral laws, their view of secular power as illegitimate, and their notion of being involved in an ongoing cosmic war, combating such groups is difficult and resolving the conflict may ultimately prove to be impossible. A decisive strategy for combating this type of terrorism continues to remain undefined because of the irreconcilable objectives and goals separating religious-based terrorist groups and the secular bodies who are fighting them. _______________________

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Despite the many similarities between Americas War on Terror and cosmic war, the tactics, policies, and means of fighting terrorism are on a distinct plane from that of terrorism itself. While anti-terrorist policy seeks to eliminate a threat of harm to a population as quickly as possible, the objectives sought in religious-based cosmic war rise above conventional conceptions of time and space. Mark Juergensmeyer, author of Terror in the Mind of God (2003), describes cosmic war as conflict that is larger than life, one which, often times, has a distinct religious element, and which relate[s] to metaphysical conflicts between good and evil (Juergensmeyer, p. 149). Moreover, Juergensmeyer asserts that religious violence, more than secular or political violence, is particularly savage and relentless because religious terrorists have placed divine struggle in the While anti-terrorist policy seeks to context of worldly political battles (Juergensmeyer, p. eliminate a threat of harm to a 149). The grandiose nature of population as quickly as possible, the cosmic war is set on a scale so objectives sought in religious-based great and based on such a large ideology that victory against its cosmic war rise above conventional foes is not expected to occur conceptions of time and space. within a set amount of years, or even within a single individuals lifetimethe battle lasts indefinitely until the groups goals are achieved or the group itself is destroyed. Christian Identity leader Richard Butler describes the war between religion and secular forces as one that has been going on for over six thousand years between the sons of Cain and the sons of God (Juergensmeyer, p. 158). Likewise, several Jewish extremist groups see their struggle as being over two thousand years long, and unlike secular forces, view the conflict not as a fleeting war, but rather as a fundamental battle that has a long history and will have a similarly long future (Juergensmeyer, p. 56). Because of such perspectives, in true religious extremist groups, there lies little, if any, room for negotiation or concession: There is no need, therefore, to compromise ones goals in a struggle that has been waged in divine time and with the promise of heavens rewards. There is no need, also, to contend with societys laws and limitations when one is obeying a higher authority (Juergensmeyer, p. 221) Because of the macro-scale of cosmic war and the divine struggle for religious absolutism, there is a lack of regard for both time constraints of such violent battles as well as societys laws, making the prescription of policy and the adoption of a strategy for fighting religious terrorism that much more difficult. When fighting an enemy whose goals are outside the realm of humanity and who will stop at nothing in order to achieve those goals, strategy, beyond that of complete annihilation, seems

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futile. For political and secular authority, the war is seen as one that needs immediate attention in order to find resolution, that is, an end to violence. Religiousbased terrorist groups, however, view the resolution as the domination of their religious ideology through any means necessary over an indefinite time period, making these two perspectives seemingly irreconcilable. Additionally, the absolute rejection of secular authority makes constructing anti-terrorism policy even more challenging. Religious-based terrorism groups adhere to their own moral and religious laws above all else. These groups see secular law and secular force as both illegitimate and a threat to their way of life. For example, Yoel Lerner, a Jewish extremist, talks about how Yitzhak Rabins execution was justified because Rabins government was, in his view, illegitimate since it was formed by a coalition of liberal Jewish and Arab votes, and constituted as a secular government that opposed Judaism (Juergensmeyer, p. 49). Moreover, religious-based terrorist groups see their violent acts as not only necessary to preserve their culture and beliefs, but also, many times, prescribed by their religious doctrine. Such is the case with Rabbi Kahne and his numerous followers in Israel. According to Kahne, Jewish law [allows] for two kinds of just war: religious war and optional war. The former [is] as a moral or spiritual obligation: to protect the faith or defeat enemies of the Lord (Juergensmeyer, p. 57). In the eyes of Kahne, terrorist acts are not only justifiable in Jewish law, but required in order to be a true Jewish follower. Similarly, in the Muslim faith, particularly in Muslim extremist groups, the idea of jihad, commonly translated as holy war, has been used in a similar way as Kahne has used Jewish law: in order to justify horrific acts of terror. Such Islamic leaders as Sayyid Qutb, an influential Muslim writer of the twentieth century, laid the groundwork for [the] understanding of jihad as an appropriate response to the advocates of those elements of modernity that seemed to be hostile to Islam (Juergensmeyer, p. 83). Because both holy wars and just wars are part of these groups moral law and religious obligations, any attempt by a secular force or creation of secular policy to intervene in terrorist violence is futile. These forces will neither be viewed as a legitimate source of power nor be allowed by religious groups go against the very prescriptions of their religious law without consequence. Because of such adherence to laws they view as absolute, combating terrorists of this nature is difficult since such groups will not only choose to ignore secular policy but fight it unconditionally. It is precisely this lack of compromise and adherence to our respective and contradictory laws that leave the global community at a standstill. That is, we are left with two distinct and equally unappealing options in attempting to combat terrorism. The first hinges around the idea of unabashed warfare and the second involves concession. For, if compromise is, indeed, not possible or realistic, as in the case of religious-based terrorism, then there must be a clear winner and a clear loser. Consequently, the only way to establish such differentials is through either violent victory through warfare or through the surrender of ones cause and, in this case, entire belief system. If the chosen strategy is violence in which terrorists have literally been killed off or forcibly controlled, we risk affirming terrorists perception of the world [being] at war between secular and sacred forces (Juergensmeyer, p. 233, 237). Much like the self-fulfilling prophecy, a response of

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this nature feeds the terrorists notion that the secular state is at war with religion and turns the idea of cosmic war into a glaring reality. This option is closest to that employed by the United States following the terrorists attacks in 2001, but in this stage of post-modern terrorism where terrorist groups are mostly non-state actors, such an annihilation technique is nearly impossible. The lesser scenario of resistance is that of deterrence: to implement strict punishment or threat of punishment in order to frighten religious activists (Juergensmeyer, p. 236). The idea of enacting strict secular law to intimidate those who do not adhere to it or see it as legitimate, however, also threatens to legitimize religious extremist groups idea of an ongoing cosmic war. Adoption of harsh punishment or imprisonment may deter some lesser violent groups or movements; however, for those larger groups, such a mechanism as creating and executing strong secular law would only be seen as a further attack on their beliefs and way of life. Finally, there are the options of concession and surrender, either by the terrorist group or by the secular state. Were the former to happen, terrorism would in this way, win (Juergensmeyer, p. 238); were the latter to happen, the demand for religious integration in the political system would cease and the two concepts would remain separate. These two theories, however, ignore the basic fact that absolutism plays a significant role in the conflict between the two parties. As Juergensmeyer (2003) concludes, most religious activists regard the social manifestation of cosmic struggle to be at the very heart of their faith and dream of restoring religion to what they regard as its rightful position at the center of public consciousness (p. 241). Likewise, secular authority, too, regards its stark separation of politics and religion to be a central part of societal structure. For either of these scenarios to occur, either religious-based terrorist groups would need to agree to abandon one of their most prized tenants or secular authority would need to abandon its entire structure. However, once one has entered into the rhetoric of cosmic war, the struggle cannot easily be abandoned (Juergensmeyer, p. 240). Similarly, it seems that once one has entered into the combat of cosmic war, it is an equally circular occupation in which exit is difficult. Although Juergensmeyer presents various ways of responding and reacting to terrorism, both violent and non-violent, all have significant shortcomings, and more than anything, do little to necessarily resolve the predicament. And there is the crux of the problem. While there are means for combating terrorism, an entity that has existed since the beginning of civilization, such combat, like the War on Terror, sees no decisive end. Even if terrorist groups or the secular state chooses to abandon their most vital beliefs, such mechanisms as terrorism and the war-against-terrorism themselves, have no clear objective, no means of goal assessment and, in their most integral sense, an indefinite nature. Moreover, the idea of policy assumes a definite course of action and an adherence to the general goals and acceptable proceduresof a governmental body (Policy, 2010). In formulating a policy to combat religious-based terrorism it must be noted that such a definite course of action, such as killing-off or imprisoning all religious-based terrorists does not adhere to our established notions of acceptable procedures. In short, there is no foreseeable way in which to combat religious based terrorism in a globally acceptable manner in which we persevere human rights and dignity and avoid civilian casualties.

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The conflict involving religious-based terrorist groups and the secular forces they are fighting with violence is a paradoxical puzzle in which an ultimate solution or resolution to violence still remains unclear. There is no realistic way of achieving a non-violent policy because of the uncompromising and absolutist nature of terrorist groups. Until the secular state and extremist groups are able to reconcile their complete antithesis of beliefs, in no way can an effective policy be implemented or executed. Ultimately, on the side of anti-terrorist forces, some compromise must be made if a conclusive resolution to this conflict is desired: either the secular state must compromise its so-called belief in human rights and use warfare on an even greater scale than that already employed or it must surrender its most sacred beliefs in the power of modern democracy. However, even if such compromise or surrender is made, because of the very nature of cosmic war and the power of religious beliefs, there still exists no guarantee that any policy can hope to exterminate a tradition of religious-based terrorism that has been present for thousands of years without exterminating the very basis of the conflict: religion itself.

Juergensmeyer, M. (2003). Terror in the Mind of God. Los Angeles, California: University of California Press. Policy. (2010). Merriam-Webster Dictionary Online. Retrieved on October 19, 2010, from http://www.merriam-webster.com/dictionary/policy.

REFERENCES

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Interdisciplinary Studies B9

THE METHOD OF THE DESPERATE: HOW TERRORISM FOUND ITS NICHE

____________________ ANDREW A. GRILLO

OSAMA BIN LADEN IS A DESPERATE MAN. He is as desperate as the Algerians were when fighting against French colonization; as desperate as the United States (U.S.) military when it dropped the atomic bombs on Hiroshima and Nagasaki; as desperate as the Irish Republican Armys strife for freedom; and as desperate as Tamarlane was to rapidly expand his empire. Though history may judge these significant figures and acts differently, they are all classified under the label of terrorism. Though the root word terror is as naturally occurring as air, terrorism the systematic use of terror to influence some aspect of society is an engineered strategy that has evolved over history. With it, responses to such strategies have evolved as well. For those who witnessed the horrible terrorist attacks of the World Trade Center on September 11, 2001, it is difficult to not form an opinion of terrorism based on the horrific images of that day and the subsequent U.S. response. However, many of our contemporary opinions come from geographic, political, media, and literary influences. These influences prove to be unreliable since terrorism over time cannot be classified as good, bad, right, wrong, moral, unethical,
The Assignment and the Writer: Andrew's paper was written in response to the question, "In what ways does terrorism, and the response to terrorism, have historical links to the past? How do these historical links help explain the evolving resort to terrorism and our understanding of terrorism? Use several varied examples from The History of Terrorism: From Antiquity to al Qaeda. (Chaliand and Blin, 2007) to help answer these questions. -Professors Amy Green and Denis Sherman

_______________________

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or virtuous. Terrorism, in-and-of itself, is not an agenda, nor is it a political or religious motive. Terrorism is the strategic tool of a desperate individual or group used to promote its particular agenda; the effectiveness of which can only be measured by its ability to influence change over time. It is the application of this strategic tool and its historical significance which are subject to scrutiny. Whether terrorism is ultimately viewed positively or negatively, the fact remains that it exists in nature because it has been proven to work; an argument that becomes more apparent as the two major categories of terrorism, that which originates from the state level and that which is initiated from the populace, are explained. Terror is a naturally occurring force in the world. With their size, strength, and ferocity bears, sharks, and lions can strike fear in the hearts of lesser beasts. Yet, the right sting, smell, or ominous color may allow a wasp, skunk, or poisonous toad to have a similar effect on even the most powerful of adversaries. Due to the pyramidal structure of a However, this natural understanding political hierarchy, those few who of terror is learned. It comes from witnessing an attack by one of the populate the top of the pyramid must larger beasts or experiencing an always fear the strength in numbers unfortunate run-in with a triggerhappy skunk. Metaphorically owned by those at the bottom. speaking, the same is true for terrorism in civilized society. Terrorism breaks down into two major categories; top-down terrorism (state terrorism) and bottom-up terrorism (Chaliand & Blin). Top-down terrorism, the figurative shark, uses its over-powering attributes to discourage adversary resistance and compel compliance to its authority. Meanwhile, the bottom-up wasp terrorist strategically uses its minimal resources to produce a lasting psychological impression of its capacity to cause pain. As terrorism has evolved within each of these categories over time, an impressive resume of remarkable success supports the use of terrorism despite many examples of how it has failed. Regardless of the manner in which governments and rulers have ascended to power over time, one thing remains constant: A ruling body may only practice enough power over a population as its citizens will allow. Due to the pyramidal structure of a political hierarchy, those few who populate the top of the pyramid must always fear the strength in numbers owned by those at the bottom. In most cases, the enforcement entities of each political system (police, military, etc.) are made up of people from the lower tiers. This means the power to enforce a governments will on a population is limited to the sympathies its enforcement entities have toward said population. We can use the example of Tamerlane to illustrate this. Tamerlane, the successor to Genghis Khan, used a relatively small army that was fast moving and had superior training. This army was not designed for the battlefield, but utilized its speed and strength to annihilate cities without warning (Chaliand & Blin, p. 86). Tamarlane, desperately needing intimidation and speed to maintain his armys effectiveness, used mass slayings of entire cities to strike fear in the minds of those who chose to resist. His army, unfamiliar with the people they were massacring, supported his methods. If a few horrific acts against

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strangers meant intimidating future adversaries into surrendering, then his soldiers would logically experience the reward of less fighting and bloodshed while Tamarlane enjoyed an intact army. A more contemporary example of how this type of terrorism has evolved with time and technology is U.S. President Harry Trumans decision to use the atomic bomb on Japan during World War II (Chaliand & Blin, p. 87). After years of gruesomely fighting a dedicated enemy like the Japanese in the Pacific theatre, President Truman was tempted to use an unparalleled weapon of destruction against the Japanese to weaken their resolve. With resources dwindling, death tolls rising, and no lucid end in sight, a desperate Truman, with a war torn nation on his side, approved the historic bombings of Hiroshima and Nagasaki. The resulting end of WWII, support from the general public, subsequent efforts to rebuild Japan, and dominating historic commentary from the West, has suggested that this was a successful application of terrorism advertising superior power and achieving lasting results. Consequently, the competition to achieve such symbolic power resulted in the nuclear arms race. After seeing how influential atomic power could be, it was no longer about sharks and wasps; it was about who was the most terrifying shark of them all. Yet, despite these rare massive displays of top-down terrorism, the powers that be consistently use such strategies as riot control squads, public executions, and commanding displays of force to manipulate obedience on a day to day basis. With this ever-present state terrorism lurking over the heads of the masses, how do the seemingly powerless fight oppression? Bottom-up terrorism, the kind we are presently most familiar with, is the weapon of those who feel their impassioned message is vulnerable to oppression or utter extinction. It is a tactic that exists because nature always seeks to balance the powers of the dominant. In the historic cases of tyrannicide (i.e. King Louis XVII of France and Prime Minister Pyotr Stolypin of Russia) and political assassinations (i.e. Abraham Lincoln and John F. Kennedy), those who thought the crossing of certain limits deserved retaliation were able to demonstrate how a single man, armed with limited resources, a revolutionary ideology, and a strong resolve, can have an imposing influence on society (Chaliand & Blin, p. 84). As the enemy to the ideology becomes less specific from a tyrant or political leader, to a system of government, a nation, or an entire religion the resolution to act exponentially spreads from a single rebel to a revolutionary army. For example, when French colonization inspired the Front de libration nationale (FLN), desperately seeking Algerian independence, to embark on a comprehensive terrorism campaign, the resulting war claimed tens of thousands of victims (Chaliand & Blin, p. 39). Though the FLN was ultimately unsuccessful, this example shows the exponential increase of the participants and victims of a revolution when the enemy is less specific. Another aspect of bottom-up terrorism is the technological advancement of weaponry. The development and use of technology to instill terror is most prevalent during times of war. As was discussed earlier, militaries are populated with citizens from the lower tiers of society. A consequence of this is the dissemination of combat tactics and technology to soldiers who, if partial to a revolutionary ideology, have the unique capacity to organize and use the weapons of their enemies against

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them. As destructiveness of military weaponry exponentially increased over time, so has the impact of limited resources used by radical ideologists. The sting of the wasp is generally considered a nuisance, but when the victim is allergic to its sting, the fatal result leaves an even greater impression. The terrorist attacks of September 11th are an example of this evolution of terrorism. The radical Islamists who belong to al Qaeda are desperate. They fear their fundamentalist religious perspective their spiritual belief system and way of life is losing ground in a world dominated by the materialism and moral corruption of the West: the infidels (Chaliand & Blin, p. 413). Their massive enemy requires a large network of revolutionaries. They have the information technology and media to recruit and spread their message. They have received military training and technological skill through wars against the Soviet Union and the United States. Most of all, they have watched their actions reshape society and the worlds response to terror. The United Nations legislation against terrorism means al Qaeda will never have the legitimacy needed to negotiate with world leaders, but for an organization that preaches the only options are to join Islam or perish, negotiation is not likely. Terror is natural, but the use of terror to spread an agenda is the handy work of man. It is seeded in the sentiments of inhumanity (i.e. anxiety, oppression, pain, defeat, desperation), and, for the victims of said inhumanity, it is the radical product of their sense of urgency to be heard. The evolution of terrorism has resulted in its contemporary form being more destructive and far reaching than ever, leaving the worlds civilian population to constantly consider such uncertainties as weapons of mass destruction, random civilian targets, sacrificing freedoms for safety, and nuclear holocaust. Terrorism exists because it works, and it is working better now than ever before.

REFERENCES

Chaliand, G. & Blin, A. (2007). The history of terrorism: from antiquity to al Qaeda. Los Angeles. University of California Press.

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English 201

FLASHES NOW A PHOENIX: A BRIEF ESSAY ON THE MECHANISMS OF CULTURAL MUTATION

____________________ COREY DIXON-WEEKES

THE CHICKEN AND THE EGG, or perhaps the snake that eats its tail. Does society create humanity or does humanity conjure society? Is it a question of technology altering even as it augments society, the very font from which it sprung? Is art the inspiration or the inspired? These are tricky questions paradoxical but here is a much simpler one: can society be separated from the things which comprise it? Human (or any) society in sociological terms is a construct including art, technology, media, advertising (whether in the first or third person or for an artifact), and the relationships of the members of the society. Without these things there is no society. Without blood cells (hemoglobin, lymphocytes, etc) there is no blood. The fact of the matter is that society is one of those odd situations where it creates what it is created by, and entity which, after its advent, is self-perpetuating This poses an interesting parallel to the question at hand which should probably be solved: if society and music, technology, relationships, the media, & advertising (henceforth the pieces) are inseparable from one another does the question still mean anything? There are at least two ways to approach this one of which is more reliant upon pedantry than the other. Is rain a cloud? At what point, exactly, does rain stop being a cloud and begin to be rain? At what point does rain cease being rain and evaporate into what we might call a cloud (or a fog if it's low _______________________

The Assignment and the Writer: This semesters theme was Mirror on America: The Influence of Pop Culture, a theme that challenged students to investigate, research and report on the events and norms whose impact changed the direction of America and the global community in past and present. Corey Dixon-Weekes essay is insightful, academically sound, and it raises important questions. He is an eloquent writer, one who approaches his subject from a several paths, demonstrating the critical thinking that is fundamental to ENG 201. Corey asserts a position and defends it masterfully, as is evident here. -Professor Anastasia Raptis

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enough)? Are the two distinguishable? Not clearly. Does it then stand upon its own two feet to ask: whether rain influences clouds or clouds influence rain? Put another way does water influence water or is it the other way around? Conversely a person may have malformed red blood cells sickle cell trait or a number of similar conditions and yet not have bad blood. In fact the persistence of such traits is due to their benefit. The component does not solely influence the whole. Likewise a person's skin is certainly an inseparable (in fact to do so a morbid consideration taken here for effect causes great damage to the whole) part of a person, but acne or eczema will not make a person entirely bad but will still have an effect upon their well-being (for the purposes of this example consider this bad in a purely physiological sense, rather than the usual moral fashion). They will, in fact, continue to generate new skin similar to society's generation of new parts. And a person, the whole, can decide to exercise (or not to) and Cultures are mutable they reap the benefits (or banes) of their choice in the various parts of their system. So the will respond to outside forces. individual pieces, even of inseparable systems (as opposed to systems which are not reliant upon the very existence and incorporation of (a) part(s) in order to exist), can change themselves and alter the system, while at the same time the system may change itself and alter the parts. There is at least one more question to consider here and this is more important, I believe, in getting at the point though it hinges upon a very particular approach to the question. The question revolves around American society. It does not rely upon the Platonic Form an abstract academic meta-subject; it involves itself with a particular quanta. This society (made up, as it is, of smaller societies and sub-cultures and sub-sub-cultures ad infinitum the issue of whether or not a couple or nuclear family represents some level of sub-culture is a bit more esoteric than even I am willing to broach). So this society in question is a specific, corporeal (in that certain sense that only abstractions with multiple layers of metaphysical presence can have), and much like the other systems mentioned above - i.e. the human body it is not alone. An aside for the sake of analogy: Breakdancing developed in 1970s Brooklyn and the Bronx as a reaction to the rejection of minorities from disco clubs. House parties and block parties became popular and, like the disco superstars on the then-still silver screen, dancing competitions became regular events. Cribbing techniques from gymnastics to Gene Kelly these competitions slowly came into being. It is worth noting, here, that Gene Kelly (and ballet) are not typical of Brooklyn life media introduced those movements to bboys and girls. And at some point, despite the fact that these are homogeneous racial cultures with completely different ideas of exclusion, the Koreans and the Japanese started becoming the best known and frequently most-awarded breakdancers around the world. Cultures are mutable they will respond to outside forces. So let us regard the original question with this in mind and it will quickly become apparent that yes, these things have a definite impact upon culture. Distinct cultures influence each other and within a particular culture there is at least some swapping of material from sub-cultures. Innovation and changes are often small things, so the question is testable whether the parts affect the whole or the whole the part.

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As further examples of cultural inter/intra-play there is the French obsession with jazz and, more recently, rap music. The advent of the rocket broached the border of space to make folks consider the possibility of exploration of the stars and later created a complementary race; both were heretofore unimaginable ideas but served to fascinate and even fragment cultures around the world. Walkmen, Dolce & Gabana advertisements portable radios, iPods the very idea that only take what society expects you can take entertainment with you from men and rarifies it before prevents bored individuals from striking up conversation with one another; now it is giving it back to us. actually a cultural faux pas to talk to a random person on the street in many places. John Wayne was once the epitome of masculinity (now it's Isaiah Mustafa) but even that was the result of cultural programming the man's position as the pinnacle of a family wasn't a new idea, it was simply represented by The Duke. Relationships were held up as examples (or counterpointed) by Wayne, or Brando, or Dean. But it is culture itself that creates these niches for objects to occupy those things too avant-garde are frequently forgotten about in no short time. And just as Wayne was a reflection of the oncepresent culture's feelings regarding emotional attachment Palahniuk's everyman's troubled and twisted relationship with Marla Singer is today's. More to the point the third point of that love triangle is the Narrator's idea of a perfect man Dolce & Gabana advertisements only take what society expects from men and rarifies it before giving it back to us. We take the pictures and advertisers clean them up and print them on glossy paper for us to pick up the next day. Even that last metaphor is outmoded by technology, however no one has photographs to take with them to war iPods and smartphones carry caches of human memory within their digital ones. All this to come to the short answer: both answers are correct. Culture is cyclical. Above I pointed out that breakdancing borrowed from Hollywood musicals in the 80s (and to some degree now) breakdancing came to form the basis for films. Social mores cripple and necessitate codes. It was OK to advertise beer on daytime television but not condoms; even today there is a paucity of advertisements for the latter despite the obvious health implications. Rock and Roll is itself a slang for coitus. The greater culture itself places restrictions & expectations upon media; creates the voids that relationships and technology can fill. In the case of relationship issues the culture is often the slowest-moving, but even at a glacial pace it is like water. Puddles, snowflakes, cloud they are all the same thing. The avantgarde only ventures into land that can be seen by someone and it only enjoys popularity if it returns with popular news, if not it fails. Ultimately no component of culture is able to wholly overwhelm culture; even if much of the culture is opposed to something there must be a support upon which the new can stand. And again we confront this issue of whole and parts. Perhaps in some ways the question doesn't make sense. Perhaps genres, like organs, can only travel if the body of society is willing to move with it. Societal progress, therefore, is less a case of the competition of genres with mass society but more akin to the introspection needed to write an essay or pursue a new direction in life.

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Anthropology 212

THE USES AND ABUSES OF ANTHROPOLOGY

____________________ ROBERT RIGGS

REPORTED ON COUNTERPUNCH.ORG, JOHN ALLISONS SHOCKING REVELATION to David Price that West Point has begun to confer PhDs in anthropology can only be considered the culmination of the militarys long historical interest in the use of anthropology for strategic ends. The most recent example of this interest is the recruitment of anthropologists for a US military program called the Human Terrain System (HTS), which began in 2006 as part of a counterinsurgency strategy in Iraq. The involvement of anthropologists in this military program leads Gonzalez to point out that ethnographic intelligence will be used for social control methods reminiscent of those employed by the colonial powers of yesteryear. Indeed, the history of Western domination by military means and the history of anthropology converge disturbingly often. The HTS is the latest example of such convergence, and largely because of history, it has engendered coherent and forceful protests from the anthropological community, with the Network of Concerned Anthropologists producing The Counter-Counterinsurgency Manual and the American Anthropological Association issuing a resounding condemnation of anthropologists involvement in the effort.
The Assignment and the Writer: In my Applied Anthropology 212 course, Robert Riggs wrote this in-class midterm exam, without notes, in response to the question: Drawing on the history of anthropology, explain what Gonzalez means that with the U.S. militarys Human Terrain System, ethnographic intelligence will be used for social control methods reminiscent of those employed by the colonial powers of yesteryear. Provide a description of the U.S. militarys Human Terrain System and the controversies surrounding the use of anthropology for military ends. Robert is a truly exceptional writer with remarkable ability to synthesize complex material. My comment on his exam: This could be an op-ed in the NY Times! Subsequently, I quoted from Roberts essay in my talk at the American Museum of Natural History. -Professor Alisse Waterston

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If the anthropologists involved in the HTS seem blind to the lessons of the past, the US military sees with acuity, perfectly aware of historical examples of anthropology as the handmaiden of imperialism. The type of penetrating cultural understanding necessary for the project of British colonialism, for instance, simply could not have been achieved as successfully as it was without anthropological research and method. As Ervin notes, anthropology was imperative not only for military domination but also for the logistics of colonial administration. Among other uses of the discipline, ethnographic field work enabled the British Empire to know which aspects of local cultures to leave in place so as to avoid inciting the indigenous peoples of the British colonies to outright rebellion. Anthropologys record in the twentieth century is no less troubling. Jones points out that a sudden proliferation of anthropology research in Thailand during the 1950s and 1960s coincided with the US militarys interest in the region at the onset of the Vietnam War. Although the anthropologists in Thailand felt that they were conducting basic, pure research, as contrasted with applied work, and that this absolved them of any responsibility concerning how the research was used, the result was By producing cultural knowledge exthe same as if they had been covert plicitly for military use, anthropologists intelligence agents masquerading as anthropologists. The knowledge become complicit in any harm that produced by anthropologists in befalls those they researched, an Thailand was used not for the outcome that violates the ethical maxim benefit of the hill people but rather for the benefit of the Thai to do no harm. Government and the American military in what was called a counterinsurgency effort. It is upon this historical backdrop that the latest instance of what Price calls commandeering scholarship for war emerges: the Human Terrain System. The HTS is a US military program that began in 2006 as part of a newly developed counterinsurgency strategy to win the war in Iraq. The capstone of this new effort was The Counterinsurgency Field Manual. It is worth noting here that a counterinsurgency amounts to an always brutal endeavor to squash nascent revolutionary movements while they are still localized rebellions of people in occupied territories. Amid spreading loss of American public support for what had begun to seem like an endless, unwinnable war in Iraq, the US military changed tactics and turned to this new strategy, which was publicized as an effort to discover and target insurgents while at the same time winning the hearts and minds of ordinary Iraqis. A crucial weapon in this new strategy would be cultural knowledge gathered by anthropologists and other social scientists travelling with military brigades as Human Terrain Teams (HTTs) under the HTS. While the use of anthropologists and other academics in the HTS enabled the military to advertise the new counterinsurgency strategy as a smart, scholarly approach to war fighting, anthropological research done in the context of war not only calls into question the academic credibility of the anthropologists involved and the knowledge they produce but also presents insurmountable ethical problems of secrecy, harm, and manipulation. First and foremost, anthropologists paramount

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responsibility is to those they study. By producing cultural knowledge explicitly for military use, anthropologists become complicit in any harm that befalls those they researched, an outcome that violates the ethical maxim to do no harm. Moreover, the anthropologists in the HTS study people and culture embedded with military troops as opposed to the usual practice of living among, eating and drinking with, and observing the people they wish to understand. This embeddedness severely limits which aspects of the culture anthropologists see and thus destroys the scholarly bona fides of the research they conduct. Also, academic ethics call for open access to data produced by research, the very antithesis of the type of secrecy and internal dissemination of information gathered for the military under the HTS. Finally, since trust between anthropologists and the people they study is a crucial component of access, the willingness of the anthropologists in the HTS to lend their expertise to the military potentially limits future access to cultures other anthropologists may wish to study, thus harming the discipline itself. For all of these reasons, the HTS clearly represents an egregious example of the abuse of anthropology. It is no accident that anthropology has been used and abused throughout history for military ends. The methods, ethos, and episteme of the discipline make it capable of producing rich and intimate knowledge of people and their cultures. If the goal is to control access to land and resources and to suppress the resistance of those who live in the places where such activities are taking place, the type of specialized knowledge anthropology produces is invaluable. But these are not the goals of anthropology. Anthropologists may not be able to control how the knowledge they produce is used, but they can at least avoid producing it about powerless people for the most powerful military in history.

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Literature 230

TURNING AWAY FROM COMFORT

____________________ MELBA MEDINA

ONE CAN JUST HEAR VIRGILS CONTEMPORARIES saying, Thats the way a real Roman soldier should live! Augustus Caesar wanted Romans to practice selfrestraint, endurance, and simplicity in their public and personal lives. These practices are also implemented by Virgil in The Aeneid. There is a contrast between a luxurious and a more restrained lifestyle within The Aeneid. These contrasts can also be seen vividly within the two Roman bedrooms at the Metropolitan Museum. Virgil shows a negative attitude towards luxurious living and a positive attitude towards self-restraint and a simple lifestyle. Not only are these contrasts of luxury and self-restraint seen with tangible items but also within Aeneas himself. The main point Virgil makes is that Aeneas constantly has to turn away from everything that comforts him in order to found Rome. Aeneas, similar to the Roman Empire, had access to all sorts of luxury and wealth within the story. During Aeneas stay in Didos kingdom he had access to a luxurious lifestyle. Book 4 describes Aeneas covered in wealth: He was at work, towers and houses rising around him. His sword was enstarred with yellow jasper, And from his shoulders hung a mantle blazing With Tyrian purple, a splendid gift from Dido, Who had stitched the fabric with threads of gold.(Book 4, ll.294-298) Aeneas has access to luxury and begins to settle into this kind of luxurious lifestyle in Didos kingdom. There are many references to the luxury within Didos new kingdom. Didos kingdom was continuously rising with the construction and the building of a luxurious lifestyle. Just before Dido goes hunting in Book 4, her luxurious outfit is described: She pauses at the threshold of her chamber while her stallion, resplendent in purple and gold, Champs the foaming bit. Finally, she steps ________________________
The Assignment and the Writer: For this Literature 230 topic, students had to link the differences between the two ancient Roman bedrooms preserved in the Metropolitan Museum to the simplicity, restraint and endurance that Aeneas displays in Virgil's Aeneid. Melba had to see the luxuriousness of the first bedroom and then the elegant simplicity of the second and relate the change in decor to Augustus' program for reforming Roman mores. Then she had to relate all this to Virgil's Aeneid. She handled this difficult task of synthesis very well and very clearly. She shows in her paper that Virgil creates in Aeneas a character who models the old Roman virtues promoted by Augustus Caesar. As she says, Virgil's story is like "a public service announcement for Augustus' program" for reforming the Roman people. -Professor Pat Licklider

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forward with her retinue, wearing a Phoenician cloak Finished with embroidery. Her quiver is gold, Her hair bound in gold, and the purple cloak is pinned with a clasp of gold. (Book 4 11. 154-159) These examples illustrate the life of luxury and wealth Dido lived. Another example of the luxury within Didos new kingdom is when Dido gives a banquet for Aeneas and the other Trojans: The palace gleamed with luxurious furnishings as the great hall was being prepared for a banquet: Coverlets embroidered with royal purple, Heavy silver on tables, gold cups engraved. (Book one, ll. 778- 782) Royal purple was a very rich color, and the beautiful handcrafted silverware and golden cups demonstrate what kind of wealth and luxury this kingdom has. There are also various references to the luxury of the growing city of Carthage. Earlier in Book one, Aeneas and Achates tour the new temple to Juno that shows sculptures of the Trojan War. This temple is quite luxurious, and also demonstrates the luxury of the growing city of Carthage. Virgil depicts how Aeneas and many others had access to luxury and wealth. In contrast to this luxury and wealth, Virgil also portrays the practices of self- restraint and simplicity within The Aeneid. Later, in Book eight, Aeneas and his Trojans witness self- restraint and simplicity inside the palace of the Italian king Evander. Evander and his people have no fancy palace or temple but instead give Aeneas and his Trojans a feast Evander and his people have no fancy palace that is basically a picnic on the or temple but instead give Aeneas and his grass with no golden cups, plates, couches, purple cloth, Trojans a feast that is basically a picnic on the or silverware: So saying, he grass with no golden cups, plates, couches, ordered the table reset And arranged his guests on seats in purple cloth, or silverware. the grass. (Book 8, ll. 203204) Another example of simplicity is when Evander makes a bed of leaves for Aeneas to sleep on: Evander bring Aeneas under his low roof, and set him on a couch Spread with leaves and a Libyan bearskin.(Book 8, ll. 422-424) Virgil demonstrates the contrast between a luxurious and a more restrained lifestyle by using Didos and Evanders kingdoms as examples. Not only does Virgil contrast luxury and self-restraint with tangible items, but also within Aeneas himself. Perhaps Virgil metaphorically used Aeneas love for Dido to symbolize the negative attitude towards luxury. Aeneas love for Dido symbolized luxury. Virgil portrayed his positive attitude towards self-restraint and simplicity by having Aeneas listen to the god and restrain himself from staying with Dido in her kingdom.He sighs heavily, and although great love has shaken his soul, he obeys the gods will and returns to the fleet. (Book 4, ll. 457-459) Although Aeneas is content with the luxurious feeling of love, he restrains himself from staying with Dido and follows the gods demand to found Rome. Once again Virgil shows a negative attitude towards luxurious living and a positive attitude towards self- restraint and a simple lifestyle by using Aeneas love and restraint towards Dido.

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Virgils main point is to show how Aeneas continuously has to leave everything that comforts him in order to found Rome. Aeneas is forced to leave his home in Troy, his wife Creusa, Dido and her luxury, and even the pleasure of new friendship when young Pallas is killed by Turnus. Maybe Virgil wanted to advise his audience that one should leave the life of luxury and settle into a simpler lifestyle by incorporating Augustus Caesars practice of self- restraint, endurance and simplicity within his story. Virgil depicts Aeneas constantly leaving what comforts him to a more simple life, by incorporating Augustus Caesars practice of self-restraint and simplicity even though they had access to luxury. Yet the Romans, like Aeneas in Didos kingdom, had access to all sorts of luxury and wealth, and some incorporated Augustus practice of simplicity. This contrast can be seen within the two decorated Roman bedrooms in the Metropolitan Museum. The first bedroom is typical of the Roman republic before Augustus came to power. The first decorated Roman bedroom is from a Roman villa that belonged to P. Fannius Synistor. The walls within this private room depict outside scenery with paintings of palace doors, greenery pillars, fountains, tamed and wild birds, statuary and also cultivated grapes. The room is covered in beautiful imagery and rich colors such as purple, red and gold. The decorated walls within this room are very luxurious and exuberant. Perhaps the owner wanted to paint the villas and striking houses of his dreams, which are more luxurious and impressive than actual villas. The Romans desired private luxury and wealth. The painter most likely wanted the sleeper to relax by painting such luxurious scenery on the surrounding walls. The second decorated Roman bedroom is called the black room. This room depicts simplicity and restraint, and parallels the codes of behavior that Augustus Caesar favored. The walls within the black room are plainer and darker than the previous room. The only source of light that would enter this room comes from a wide doorway giving onto a terrace or promenade. On the walls are tiny swans, which represent the god Apollo, the patron god of Augustus. This room also contains paintings of Egyptian motifs which symbolize Augustus defeat of Cleopatra, and the annexation of Egypt. This room isnt as lively as the first room but instead it incorporates Augustus Caesars practice of restraint, simplicity, and endurance. Although the Romans had access to luxury and wealth, Augustus wanted to encourage the Romans to build luxurious public buildings rather than luxurious private rooms and homes such as the decorated Roman bedrooms within the museum. Perhaps Augustus wanted the Romans to return to the old Roman Republican virtues of piety, restraint, and seriousness by incorporating the practices of Augustus. I look at Virgils story as somewhat of a public service announcement. By incorporating Augustus practices of simplicity, restraint, and endurance into The Aeneid it reinforces for the audience the old Roman Republican virtues. Virgil wanted to advise his audience that one should leave the life of luxury and settle into a simpler life by using Aeneas as an example. Virgil points out that Aeneas has to turn away from everything that comforts him. Aeneas was an example of how a real Roman soldier should live according to Augustus Caesars standards.

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Literature 230

NO WINNING WORDS ABOUT DEATH1: ANCIENT GREECE AND EXISTENTIALISM

____________________ AMANDA HEIDEL

If there is a sin against life, it consists perhaps not so much in despairing of life as in hoping for another life and in eluding the implacable grandeur of this life. -Albert Camus THE ANCIENT GREEK VIEW OF DEATH is similar to widely held contemporary views in that neither glorify death. Both believe that life here on earth is of primary value. The Greeks view of death is not optimistic and they had no illusions about death; the afterlife is dreary and undesirable at best, and heaven is a farce. There is only one life that is worth living, and this is it. In Homers epic The Iliad, characters are confronted with their own mortality time and time again, and they struggle with grief and anger as they face a world where life is short and death is certain. This is a universal theme; through literature and philosophy humanity asks itself what it means to be mortal and die, and in doing so asks what it means to be human and live. The Greek cosmos is divided into three spheres. The immortal Gods make their home on lofty Mount Olympus, watching and meddling in the lives of mortals. The dreary underworld, Hades House, lies below, and the world of men is placed precariously in-between. The Greeks did not believe that any of these realms as conThe Assignment and the Writer: For Literature 230, Classical Literature, students were required to write a five-page paper with a minimum of two outside sources about any text they had read in my course during the semester. No topics were assigned, so students were encouraged to explore subjects they found personally compelling. Amanda Heidel's essay an analysis of mortality in The Iliad that draws on the Existentialism of Sartre and Camus is a stellar example of the kind of work students can produce when they make literature their own. -Professor Adam McKible

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tained peace for mankind. According to Greek mythology humans are the last race, born in the Iron Age, and condemned to suffer. Previous races of men, of gold, silver, and bronze had come before, and the Greeks believed that men of their time would live shorter lives and suffer more. The early Greek poet Hesiod wrote that men would be born with their temples covered with grey hair and shall never cease from labor and woe by day, and never be free from anguish at night, for hard are the cares that the gods will be giving (Frazer, R. M. 1983, 103). The human race was to suffer and, according to Hesiod, they deserved their suffering. The iron race of man was to live in a time when fathers and sons and comrades quarrel, men dishonor their parents, and might will be justice, and shame will no longer existevery miserable mortal, causing commotion, rejoicing in evil (Frazer, R. M. 1983, 104). Hesiod wished he had lived in a previous age. Ancient Greeks believed the The gods are as fallible as human cosmos was in its decline. The Greeks had little faith in their beings and each has his or her gods they believed that the gods were personal agenda; they scheme, powerful but not necessarily good. The quarrel, and cheat. Gods in Homer are quarrelsome and petty; protective and tender, magnificent, implacable, and terrifying occasionally ridiculous, and, in fact, the chief providers of comic relief (Higgins 2010, p.35-36). Myth says they killed their parents, gods who had existed before them. The Olympian gods fight with each other, have affairs, feel anger and fall in love. The gods are as fallible as human beings and each has his or her personal agenda; they scheme, quarrel, and cheat. Most of all, they are capricious, and mortal men cannot rely on them. The underworld is a place of eternal darkness where dead souls yearn for blood and the sun. All mortals go there; the Greeks did not believe in a happy afterlife. The House of Death is described as the place where the senseless, burntout wraiths of mortals make their home (Homer, 2008, p.396). Even the immortal gods are repelled by death: the houses of the dead [are] the dank, moldering horrors that fill the deathless gods themselves with loathing (Homer 1998, p.505). In Book XVI of The Iliad, Patrocluss death is described: Flying free of his limbs his soul went down to the House of Death, wailing his fate, leaving his manhood far behind, his young and supple strength (Homer 1998, p.440). To lose ones life is to lose ones manhood. Perhaps the Ancient Greeks pessimism about death is the reason they valued life so much. The underworld is a miserable existence, so for the ancient Greeks, it was mortal life that mattered. Theres no heaven to go to. So you live. And while the Greeks wrote epics and tragedies about mens earthly suffering they believed that they had enough strength to survive the pain they faced: The Fates have given mortals hearts that can endure (Homer 1998, p.590). In Homers epic the Iliad, the great warrior Achilles loses his friend Patroclus in the fight against Troy. Achilles grieves deeply for his friend; when he first hears of Patroclus death his grief is all consuming and he wishes to die. He pours ash and dirt over his head and tears out his hair. Overpowered in all his power, sprawled in the dust, Achilles lay there, fallen (Homer 1998, 468). At first Achilles feels that he has lost the will to live but then his grief becomes rage and he

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decides avenge Patroclus. As Achilles prepares to fight Hera reminds him of his fate to die by force in Troy. He says, Dont waste your breath. I know, well I know I am destined to die here, far from my dear father, far from mother. But all the same I will not stop till I drive the Trojans to their bloody fill of war (Homer 1998, p. 502). Achilles knew the prophecy foretelling his death in the Trojan War and had accepted that fate but he could not accept the death of Patroclus, so he goes berserk, killing every Trojan he comes across then killing Hector and desecrating his body. It is not until Achilles is confronted with the grief of Priam, Hectors father, that his temper finally cools and he shows compassion. Priam says to Achilles, Remember your own father, great godlike Achilles as old as I am, past the threshold of deathly old age! (Homer 1998, p.604). When Priam tells Achilles of the pain that he has endured, losing so many sons and kissing the hand of the man who killed them Achilles and Priam weep together. When Achilles has finished crying he is done grieving for Patroclus. He says to Priam, let us put our griefs to rest in our own hearts rake them up no more, raw as we are with mourning. What goods to be won from tears that chill the spirit? (Homer 1998, p.605). He allows Priam to take his son home. Achilles attitudes towards death throughout the story represent those of the Ancient Greeks: death is inevitable and grief is painful but it has to be accepted so that that one can live what life they have. Through these events Achilles struggles with his grief and his own mortality, but he does not truly understand death until after he dies. In the Odyssey, Achilles briefly appears as a shade Odysseus meets when he travels to the underworld his own journey. Odysseus tells the late Achilles not to mourn his own death, because he is greatly honored by the Greeks. Achilles rejects what Odysseus consolations. No winning words about death to me, shining Odysseus! he says, By god, Id rather slave on earth for another man- some dirt-poor tenant farmer who scrapes to keep alive than to rule down here over all the breathless dead (Homer, 2008, p.396). For the Greeks earthly suffering is preferable to death. Achilles was given a choice: fight in Troy and die a young hero, or live peacefully and long but in obscurity. Achilles presence at Troy indicates his acceptance of his fate, but once in the underworld he regrets his choice. Though we are removed from the world of the ancient Greeks by millennia their epics communicate emotions that transcend time and culture, their despair and anguish is no different from our own. The ancient Greek belief in a panoply of imperfect gods is very different from the religions and philosophies of today but the ancient Greeks sense of uncertainty with regards to their gods and their pessimism about death corresponds to present day existential and humanistic beliefs. Existentialism concludes that there are no God or gods and no afterlife, and because if this, life is what they value. Like the Greeks, they are concerned with the lives and struggles of mankind. Without belief in an omniscient benevolent God and the hope of eternal life ones mortal life has new meaning. The Existentialist views of the universe starts with the idea that existence precedes essence. By this the existentialist means man is what he makes himself. We are before we are something. Therefore it is our responsibility to shape what we become. The idea that man must make himself comes from the Existentialists

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atheistic and agnostic beliefs. There are no ultimate reason things are they way that they are. This lack of purpose and meaning is called the Absurd. Man must struggle to find meaning in an arbitrary universe. Sartre wrote that the existentialist, thinks it very distressing that God does not exist, because all possibility of finding values in a heaven of ideas disappears along with Him; there can no longer be an a priori Good, since there is no infinite and perfect consciousness to think of it (2000, p.22). The Greeks didnt believe in an infinite and perfect consciousness any more that Sartre did. The Greek gods can be fickle, selfish, unreliable, and petty. They may have been the arbiters of justice, but they were not always just. The Greeks believed in fate and saw an order to their cosmos but it is a somewhat absurd order often nonsensical and beyond mans power to control. If the cosmos and the gods are absurd then there is no a priori good there are no ultimate values. It is up to men to decide right and wrong. Man is condemned to be free. Condemned, because he did not create himself, yet, in other respects is free; because, once thrown into the world, he is responsible for everything he does (Sartre, 2000, p. 23). The Greeks may have seen themselves as the victims or beneficiaries of the Gods will or whim but their heroes acted against the gods as much as they acted for them and because the gods are absurd, Greek heroes rebellion against the gods is their way of fighting the universe they cannot control and their fate. Ancient Greek polytheism and Existentialist philosophy are also similar in that they embrace mortal life and value the flesh over the soul, unlike JudeoChristian ideology. Citing the death of Patroclus in the Iliad Higgins (2010) writes, If the Death is a kind of prison in Christian thought, begging us down with its appetite sand desires, then the opposite is true in Homer: we are nothing without our beating hearts, our young and supple strength (p.35). The ancient Greeks placed value on the body, on action, on being and living. They treated life an ends, not a means. To value life over death is to rebel against an arbitrary and unjust existence. Albert Camus wrote, I draw from the absurd three consequences, which are my revolt, my freedom, and my passion (1991, p.64). Greek myths and epics show an existence where mans passion and rebellion lead to suffering, but ultimately give life meaning. Nowhere is this better explained than in Camus The Myth of Sisyphus. Camus recounts the tale of a figure of Greek mythology, the titan Sisyphus, in order to explore the value of life in an absurd universe. Homer describes Sisyphus as the wiliest man alive in the Iliad (1998, p.200). Camus Sisyphus is describes as both the most prudent of mortals but is also said to practice the profession of a highwayman (Camus 1991, p.119). His crimes against the gods were that he stole their secrets and put death in chains. When he died he was allowed to return to earth to chastise his wife, and he could not bring himself to return to the underworld. When he had again seen the face of this world, enjoyed water and sun, warm stones and the sea, he no longer wanted to go back into the infernal darkness (Camus 1991, p.120). His punishment for these crimes is to ceaselessly roll a boulder up a hill in the underworld, and just as the he has almost reached the top the boulder rolls back down and he must start again.

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Sisyphus passion for life and suffering make him an absurd hero. His revolt is futile but he fights anyways, and in doing so he gains a measure of freedom. His dedication to life raises him above the anguish of death and though his work is unceasing it is enough to make him happy. Sisyphus suffering, according to Camus, does not invalidate his existence but is part and parcel of the consciousness that gives it meaning. The awareness of death that forces him to suffer is also his power and redemption. The lucidity that was to constitute his torture at the same time crowns his victory. There is no fate that cannot be surmounted by scorn (Camus 1991, p.121). Sisyphus does not surrender to the absurd gods, or to death even after he has died. Human beings rarely confront death. Most human beings do not face death as willingly as Achilles or defy it as persistently as Sisyphus. We avoid it through attempts to make our lives longer; we deny it The awareness of death that with fantasies of everlasting life; we bury heads in the sand by indulging in materialism; forces [Sisyphus] to suffer is also or we simply ignore it all. Denial is the easy path because to know death is to know his power and redemption. anguish. To be a thinking person who acknowledges this basic truth that the universe is absurd and that nothing is permanent is to suffer. Anguish at ones understanding of death may appear as terrible anger like that Achilles felt in life, or as the despair he felt once dead. Achilles rage at the death of Patroclus is also rage against death itself. He went to war knowing of his death, but did he did not truly know its reality. If he had seen the underworld he might not have chosen a glorious death over a long life in the sun. Sisyphus represents a different sort of hero. Achilles fights for glory and rage. Sisyphus fights for life, because unlike Achilles he knows death; he put her in chains and lived twice, defying the gods and thereby defying the absurd. Sisyphus literally grapples with death. He acknowledges death and then fights her, not out of anger, but out of love. His understanding of death and the absurd is what gives him his zeal for life and drives him to defiance. Achilles is not the quite absurd hero that Sisyphus is; when he sees death what he feels is anger rather than attachment to life. In the first moments of his grief when he gives into death he says, My spirit rebels Ive lost the will to live, (Homer, 1998 p. 470). Camus wrote that killing oneself, Is confessing that life is too much for you or that you do not understand it dying voluntarily implies that you have recognized, even instinctively, the ridiculous character of that habit, the absence of any profound reason for living the insane character of that daily agitation, and the uselessness of suffering (Camus 1991, p.6-7). For a moment this is how Achilles feels; he sees the absurd and balks. He despairs at the injustice of losing a friend, blames himself for not saving him, and feels that there is no reason to live because he has lost someone who gave him joy. He redirects his anger at Hector almost immediately, and his anger is at more than the loss of his friend. Had Patroclus death been the sole cause of Achilles anger

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Hectors death ought to have sated it. Achilles unrelenting anger and treatment of Hectors body go beyond revenge they are an expression of his pain at injustice and death themselves. The son of a goddess, the great hero, learns about anguish and acts like a child in the throes of a temper tantrum. But if his reaction is excessive or juvenile it is because he is a stand-in for all of humanity; his short bright life represents the lives of mankind and his rage against his futile fate is entirely human. And so is the change in him when his compassion is awakened by Priams grief. By acknowledging not only his suffering but also that of another he acknowledges humanitys suffering. His compassion is a step toward maturity, towards recognizing the value of life rather than lashing out in anger at death. At its core Homers Iliad is about its characters struggle come to grips with mortality. To be human is to be mortal; to live is to die. The lesson that Sisyphys knew, that Achilles learns and that humanity continues to learn is this: Life and death cannot exist without each other. As Camus wrote, Happiness and the absurd are two sons of the same earth. They are inseparable there is no sun without shadow, and it is essential to know the night (1955, p.122). We must live with death and anguish if we are to experience joy. Only when we experience deaths reality can we appreciate lifes worth.

ENDNOTE
1

Homer, A. pp. 396, line 555

Alliston, A., Brown, M., Shirane, H., Tylus, J., Yu, P., Damrosch, D., et al. (2008). The Longman Anthology of World Literature, Volume A: The Ancient World (2nd Edition) (Damrosch Series) (2 ed.). New York: Longman. Camus. (1991). The Myth Of Sisyphus: And Other Essays (1st Vintage International ed. ed.). New York: Vintage. Frazer, R. M., & Hesiod. (1983). The Poems of Hesiod. Norman: University of Oklahoma Press. Higgins, C. (2010). It's All Greek to Me: From Homer to the Hippocratic Oath, How Ancient Greece Has Shaped Our World. New York: Harper. Homer. (1998). The Iliad (Penguin Classics Deluxe Edition) (Reissue ed.). London: Penguin Classics. Sartre, J. (2000). Existentialism And Human Emotions (A Philosophical Library Book) (Reissue ed.). New York: Citadel.

REFERENCES

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Humanities and Justice Studies 250

THE LOYAL ROYALIST

____________________ ROSENDO PILI

THOMAS HOBBES, AUTHOR OF LEVIATHAN, was a proponent of the social stability and security that is made possible by adherence to law and royal prerogative. As a royalist during the Civil Wars of England, Edward Hyde, Earl of Clarendon, author of The History of the Rebellion, was a close advisor to both Kings Charles I and Charles II, and supplied a detailed and frank account of the executive shortcomings of English rule during the fall of the monarchy. The events leading up to the death of King Charles I, as described by Hyde, most likely influenced Hobbes philosophical focus on the social contracts between a king and his subjects. With a total adherence to the kings power, Hobbes aims to dispel the myths of parliamentary necessity and to clearly outline the roles of both the king and his subjects, that when followed closely, would prevent the conditions of war described by Hyde. Hobbes argues that men who live without a common power to oversee them are ultimately dredged in a condition which is called Warre (Hobbes 185). In accordance with this doctrine, Hobbes would further argue that, as a sovereign entity, a Kings power is absolute and his subjects conversely have none. Through the accounts set forth by Hyde, such was the point of aggravation between the English parliament and the King during the times leading up to the English civil war.
The Assignment and the Writer: This essay from HJS 250, "Justice in the Western Traditions," is a response to the final essay topic asking students to specify the main way that the British civil wars of the seventeenth century influenced Thomas Hobbes's political philosophy in Leviathan. In composing this interdisciplinary paper, students were to use the Earl of Clarendon's History of the Rebellion to provide a sense of the political situation that shaped Hobbes's theories. Rosendo Pili employed carefully selected embedded quotations to place two primary sources in an intellectual conversation with one another, creating a lively and engaging essay. With a keen awareness of his audience's needs, he also took care to define key terms in the debate over royal prerogative, such as "ship money." - Professor Ann Huse

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Through the dissolution of several parliaments by royal decree in an attempt to curb their influence and power, Hyde argues that the parliament became much more formidable (Hyde 9). Made seemingly evident by the Kings lack of control over parliament, Hyde interprets his dismemberment of their organization as the inability to otherwise set bounds to their proceedings (Hyde 9). With the presence of an opposing force within his own kingdom, Charles I no longer retained absolute power and as a result, his continuing endeavors in ensuring his peoples safety were met with resistance and hostility. With a dwindling amount of political capital, King Charles I is backed into a corner by his parliamentary opposition. In an attempt to shore the defense of his kingdom with the imposition of new taxes such as the Ship-Money tax, which levied The military actions taken by Lord funds to the Treasurer of the Navy for his majestys use (Hyde 11), Charles I is Protector Oliver Cromwell and the faced with civil disobedience in the form parliament only sought to bring about of refusal to pay tax. According to radical change in England through the Hobbes, such is the right of a King, who reserves the ability to judge what is use of physical violence. needed for the publique good, and how great forces are to be assembled, armed and payd for (Hobbes 234) by taxes imposed on the entire kingdom, in order to meet that public need. Further, a subjects initial entry into a social contract with a sovereign power is made under the assumption that said contract would provide for the subjects safety in bodily health and economic stability. King Charles Is ability to stave off foreign invaders and provide economic stability to his kingdom comes into question with the lack of support needed from his subjects. This, according to Hobbes, would prove to be a great detriment to a sovereign power and the future of his established kingdom. In the case of Charles I, the threat came from within his own kingdom, which according to Hobbes is counterintuitive to the initial reasoning behind establishing a commonwealth. The driving force behind the individuals willingness to impose restraint upon themselves, in the form of becoming a subject to a sovereign power, is the foresight of their own preservation and of a more contented life thereby (Hobbes 223). The military actions taken by Lord Protector Oliver Cromwell and the parliament only sought to bring about radical change in England through the use of physical violence. Cromwell not only incited such violence against King Charles I but according to Hyde, also condemned those less inclined to go to war with the sovereignty as cowards. Hyde clearly describes Cromwells accusations against the earl of Manchester for having betrayed the parliament out of cowardice (Hyde 233) for not engaging the Kings army in open battle. Hobbes would argue that the parliament is in direct breach of social contract, causing the hierarchy previously employed by King Charles I to breakdown, inviting the prospect of war, death and general lack of safety. As Hobbes Leviathan centers greatly on the reasoning behind surrendering ones rights to a sovereign power, it becomes clear through Hydes documentation of the English civil war that the lack of adherence to the social contract that brings forth the existence of a commonwealth only begets discord and war. Hobbes defines

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war as the state of man prior to the application of sovereign restraints, and in the case of King Charles I, the state of man rebelling against existing sovereign restraints. The social turmoil encountered by England during the civil war between the King and Parliament is a direct cause of both the Kings inability to control his subjects and the Parliaments willingness to defy the existing royal prerogative for the sake of their personal gain. These actions are directly counter-reactionary to Hobbesian philosophy and can easily account for the social breakdowns that occurred during King Charles Is turbulent reign as described by Hyde.

Hobbes, Thomas. Leviathan New York & London: Penguin, 1985 Hyde, Edward, Earl of Clarendon. The History of the Rebellion New York & London, Oxford, 2009

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English 255

THE CONTROVERSY OF GAY MARRIAGE: WITH LIBERTY AND JUSTICE FOR WHOM?
____________________ ARIELLE DAVINGER

IN 2003, PRESIDENT GEORGE W. BUSH, TO PROTECT THE INSTITUTION OF MARRIAGE, proposed a constitutional amendment to define marriage as being between one man and one woman (Bush 2003). This proposal, named The Defense of Marriage Act, awakened sentiments about gay marriage, an issue that had been festering under the surface of society for years. Today, many people in the United States are still torn on the issue of gay marriage. It could be said that the entire nation is almost evenly divided. In a poll conducted by YouGov Polimetrix in February 2010, 43% of those surveyed expressed support for gay marriage while 45% opposed it. Some people want to stand by tradition and their beliefs; others want the right either for themselves or for others. These conflicting values, coupled with marriages increasingly foggy purpose, make the issue of gay marriage difficult
The Assignment and the Writer: In English 255, Argument Writing, I assign arguments of increasing complexity and students are asked to choose from a variety of templates. Davinger argues successfully for gay marriage by examining mostly the secular controversy surrounding it: the reason why the government does not sanction gay marriage. Simply put, married gays have nothing to offer the government in return. Davinger takes issue with such a stance by reminding us that the arguments against gay marriage are based on tradition and, as such, fail to acknowledge the changing concepts of marriage and of culture. She reminds us of our past discriminatory practices and warns us against repeating past mistakes in denying yet another group their rights. -Professor Livia Katz

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to resolve or even compromise on. People have compelling reasons to reject gay marriage, not only based on religious convictions and misconceptions about homosexual lifestyles, but as a secular government issue. Though commonly cited by pundits and politicians, these arguments do not hold up when marriage is looked at for what it really is: ever-changing. In fact, the antiquated idea that marriage can never change must be set aside for the sake of tolerance and progress. The history of the United States, like that of many is marked by Looking back at the ideas governing other countries, biases. A party ingroup-out-group in marriage, even through the narrower lens power, the in-group, displays of United States history, historians and favoritism towards ones own group of another researchers can find an array of laws that or derogation 2007). The group (Baumeister, most are unacceptable by todays standards infamous injustices have been against women and African Americans. Even but were palatable in their time. after decades of legal and social milestones attempting to repair the maltreatment of these out-groups, the United States still suffers from guilt and remaining prejudice. By categorically denying rights to a group of people, the United States is committing an atrocity similar to the ones of the past that we regret today. At first, opponents of gay marriage appear to have a variety of reasons for their opposition. Some people cite religious texts. Others claim to defend the sanctity of marriage. But even the most impartial, secular, government-focused argument can be boiled down to one thing: tradition, or maintaining the status quo. For centuries, traditional marriage has been defined as a legal union between two heterosexual partners. People have grown up around this system. Marriage has been a positively sanctioned staple of societies, spanning centuries, cultures, and continents (Acitelli, 2006), so people are hesitant to change it. In The Secular Case Against Gay Marriage, Adam Kolaniski (2004) argues that marriage is for the government to encourage couples who are able to benefit and propagate society: potentially child-bearing couples. The general premise is that heterosexual couples, with some exceptions, are able to reproduce, while homosexual couples cannot. Heterosexual infertile couples can marry, but only because the alternative mandated fertility tests, for examplewould be too expensive for the state. As a result, there is a blanket allowance for heterosexual couples to marry (the exception being incestuous couples whose offspring would be detrimental to society, following this line of reasoning). While the government has had an interest in encouraging procreation through the benefits of marriage, the government has no interest in offering gay couples the benefits that it offers heterosexual couples. By disallowing gay marriage, the government is not preventing homosexual couples from loving each other or leading happy lives together, but merely not extending the costly benefits of marriage when the couples have nothing to offer the government in return. Kolaniski (2004) does not argue that gay marriage will destroy the sanctity of marriage in general, but that it will bring marriage away from its original purpose: to create suitable environments in which to raise children. He writes, When married persons care more about themselves than their responsibilities to their children and

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society, they become more willing to abandon responsibilities. . . . As the results of these weakened responsibilities are dangerous to society, the government should do whatever is in its power to preserve the nameand original intentof marriage. What many people do not realize is that the definition of marriage is dependent upon time period, culture, location, and individuals involved in the agreement. To say that marriage has had one definition, one purpose, and one meaning is to deny the centuries of evolution and history that marriage has undergone. Likewise, the idea of tradition and sanctity are just as vague. Looking back at the ideas governing marriage, even through the narrower lens of United States history, historians and researchers can find an array of laws that are unacceptable by todays standards but were palatable in their time. Misogynistic marital statuses and anti-miscegenation were the norm. In fact, in the United States, interracial marriage was not nationally legalized until the 1967 case Loving v. Virginia (2006). Yet today, citizens bemoan and regret Americas past of injustice and inequality. Given the choice, most Americans who are aware of these dark periods of history would probably choose to not repeat them. Saying I would deny people rights based on their religion, ethnicity or gender would be stigmatizing in present-day America, and yet peopleeven presidents and other politiciansare saying just that. Not only are they getting away with it, but they are embraced and supported for stagnating progress based on vague and unsubstantiated ideology. Kolaniskis argument is ostensibly reasonable. However, again, the argument is based on tradition and only one facet of marriages history while ignoring a constantly changing culture. Marriage is no longer an institution strictly for making and raising children. That may have been what it once was, but the ancient institution of marriage has undergone redefinitions throughout history. When asked, most people would not say that the purpose of marriage is to encourage procreation. And though making gay marriage illegal isnt preventing these couples from having relationships, there is an important symbolism to granting them the same rights as heterosexual couples. In a time when people view marriage as an important right (and not as an Ill-scratch-your-back-if-you-scratch-mine deal with the government), it is important, in the name of progress and equality, for gay couples to have this right. By disallowing gay marriage, the government is sending a message that gay couples are second-class citizens and that they dont deserve the same rights as normal couples. With this message in mind, intolerance is free to grow in the minds of citizens. The discriminatory practices of our past still sting our nation today. Throughout its history, the United States has judged which people are better and which people are worse: which people are deserving of rights, and which people are not. If we continue to deny rights to yet another group of people, we are repeating the mistakes we now almost unanimously regret. By halting the gay rights movement, we are stopping America from being its ideal: a country based on rights, liberty, and equality, and not the preferences of a privileged in-group. If history can teach us one thing, its that we have made mistakes we must learn from. In this case, we must look at our past not as a guide to what we should continue to do for the sake of tradition, but as a lesson in what we should change for the sake of progress.

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REFERENCES Bush, D. (2003). White House considers constitituional amendment to ban gay marriage. www.cnn.com Kolaniski, A. (2004). The Secular Case Against Gay Marriage. The Tech, 124(5), 2004.02.017 Ingroup-Outgroup Bias. (2008). In Encyclopedia of Social Psychology. Retrieved May 10, 2010, from http://go.galegroup.com Loving v. Virginia. (2006). In Social Policy: Essential Primary Sources. Retrieved May 10, 2010, from http://go.galegroup.com Marriage. (2006). In Encyclopedia of Human Development. Retrieved May 14th, 2010, from http://go.galegroup.com

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English 255

THE KIDS ARENT ALRIGHT: THE NEED FOR COMPREHENSIVE ANTIBULLYING LEGISLATION
____________________ ANTOINE C. JONES

PHOEBE PRINCE HAD MOVED WITH HER FAMILY FROM IRELAND to the United States in 2009 as a means to a fresh start. Phoebe, age fifteen, had been the victim of bullying in her homeland and her American mother thought that the move would, in part, help Phoebe meet new friends and begin to adjust properly. However, her high school in South Hadley, Massachusetts, turned out to be an almost instant disaster. After briefly dating the star of the football team, Phoebe drew the ire of nearly all the girls at school. As one student stated, it felt like the whole school ganged up on her (Kennedy, 2010). Phoebes face was scratched out of a class photo; her books were constantly knocked out of her hands; she was consistently tormented in the cafeteria. Irish Slut and Whore were posted repeatedly on her Facebook and Twitter accounts and threatening text messages were sent to her cell phone (Bennett, 2010). Despite the fact that her mother notified the school of her daughters abuse at _________________________
The Assignment and the Writer: Written as a first argument paper for English 255, Argument Writing, Joness paper addresses the crucial problem of bullying in schools. Listing the tragic suicides of Prince, Meier, Halligan, and Clementi, Jones decries the countrys slow response to enacting comprehensive anti-bullying legislation. After urging the federal government and states to pass legislation that defines bullying, understands it to be a serious health concern, and provides funding for schools to deal with the problem, Jones not only argues passionately for legislation that would criminalize cyber and other forms of bullying but he also points to the economic as well as the human scars that result from the practice. He calls for school-based approaches that involve everyone and urges the government to implement in schools the Olweus Bully Prevention Program, pointing out that the costs of implementing such programs would be cheaper in the long run than the costs incurred by the effects of bullying, both on the human and economic levels. -Professor Livia Katz

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the hands of her peers on two separate occasions, nothing was done (Kennedy, 2010). On January 14, 2010, after a particularly harsh day of harassment in the library, Phoebe was walking home when a car rolled up slowly, and one of the mean girls from school threw a can of Red Bull at her (Bennett, 2010; Kennedy, 2010). Phoebes little sister discovered her body later that afternoon at home; Phoebe had hanged herself. Even in death, Phoebe could not receive peace: her tormenters continued to post vile messages on her Facebook memorial page. The state of Massachusetts responded to the Phoebe Prince tragedy by passing some of the most comprehensive and punitively harsh anti-bullying legislation in the nation in May 2010. However, these measures came four years after Megan Meiers suicide made international headlines and seven years after Ryan Halligan took his own life after being the relentless victim of the nouveau concept of cyber-bullying. Meiers and Halligans home states of Missouri and Vermont, respectively, passed sweeping legislation addressing bullying and Internet harassment in response to their deaths. New Jerseys government is now in the process of designing comprehensive legislation to protect persons against bullying and digital harassment after Rutgers University student Tyler Clementi jumped to his death from the George Washington Bridge in September 2010 after learning that his roommate had streamed video of Clementi having sex with another man throughout the campus via the Internet. In addition to Clementi, five other students, ranging in age from thirteen to nineteen, who were the victims of bullying, took their own lives in September alone. And those were just the six that made the headlines. At the current rate of response, our nation will need a tragic suicide in each and every state before it will begin to address comprehensively the issue of bullying and its tragic consequences. Although the Centers for Disease Control and Prevention identifies bullying as a legitimate public health concern, the federal government has no approach to deal with the bullying problem. Of the thirty-five states that have anti-bullying legislation, twenty-five states define what bullying actually is and only sixteen address the problem with basic health concerns in mind (Srabstein et al., 2008, p. 11). Each of the previous tragic examples was among only those sensational few that garnered international attention; who knows how many more young people have harmed themselves or ended their lives in response to peer victimization. The federal government and the states must pass legislation that defines bullying, acknowledges it as a legitimate health concern, and provides funding for school-based approaches to deal with the problem. Bullying is considered by some to be a rite of passage for adolescents, akin to walking across hot coals to achieve manhood. However, there is a plethora of credible research from all over the world that indicates that victims as well as the bullies themselves suffer from the adverse effects of this phenomenon into their adulthood. A long-term cohort study (Sourander et al. 2007) found that the long term outcome for children who bully or are victimized is worse than that of children who have psychiatric symptoms but are not involved in bullying activity. Sourander (2007) also found that bullies showed callous and unemotional traits such as aggression, hostility, and little anxiety and insecurity, which tended to lead to high rates of delinquency and police contacts (p. 402). Victims, on the other hand, tended to be more depressed, anxious, and insecureto show low levels of self

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esteem and[to be] quieter than other students (Sourander et al., 2007, p. 398). Two separate studies (Sourander, 2007, p. 402; Klomek et al., 2007, pp. 40-41) found that children who were both victims and bullies had the highest risk of developing a mental illness in adulthood. With one-third of the nations sixth through tenth graders involved in bullying, either as bullies, victims, or both (Klomek et al., 2007, p. 40), the potential for these children to develop a mental illness or commit suicide is staggering. Compounding the bullying problem is the fact that many school staffers Our society should not have to underestimate the scope and scale of the endure headline-gripping child bullying problem in their schools. A 2007 study found that teachers and school staff suicides in every state before the tend to underestimate the number of bullying issue is finally addressed. students being bullied at their schools and assume that most children will resolve these conflicts on their own (Bradshaw et al., p. 362). More alarmingly, this study also found that teachers more effectively identified bullying behaviors among elementary school children than among adolescents and that staffers were more likely to characterize physical aggression as bullying in comparison to verbal attacks and social exclusion, imagining that children could more easily cope with those types of attacks (Bradshaw et al., 2007, p. 362). As most bullying occurs in school (Klomek et al., 2007, p. 46), it is essential that legislation not only criminalize bullying and related activities (such as digital harassment) but also involve the school staffers (everyone, from the principles down to the grounds keepers and cafeteria personnel), student body and parents in addressing this problem. Culture and society form a students character and personality. Because these external influences differ between schools and grades, tailor-made prevention strategies are essential to ending the bullying problem (Bauer et al., 2007, p. 273). The states and school districts have a significant stake in addressing the bullying problem. As The Pew Center on the States explains, the current financial crisis has curtailed federal government dollars to the states, forcing states to curb their budgets and engage in severe austerity measures (Fehr, Prah & Vestal, 2010, pp. 2, 13-14). Thus, in addition to the tragic human toll, the financial considerations of bullying and resulting mental illnesses should not be ignored. In 2007, a private Jewish school in Florida was ordered to pay $4 million to Danny Heidenburg, whose arm had been broken by a bully, leaving him with permanent nerve damage, after a jury found the school guilty of failing to keep him safe (Jenkins, 2007). In Dannys case, the school was notified of a prior attack by the same bully and had not acted on the matter. Judgments such as these in a single fiscal year could become costly: a 2008 survey of 650 California school districts (representing half of the states school students) saw a combined tort spending of $80 million annually (Wilson, 2008). Furthermore, a Massachusetts Institute of Technology (MIT)-led study found that the direct and indirect costs in treating depression in the United States totaled to more than $43.7 billion in 1990 alone (Shoor, 1994). In October 2010, the childrens development group Plan International released a global study of the economic impact of school violence that stated that the combined costs of school violence in

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the United States are estimated to be between $14 billion and $40 billion (Pereznieto et al., 2010, p. 47). These figures, at either the low end or high end, are staggering. While no amount of money can compare to the injury to or loss of a child, it is evident that in addition to the human toll, our society also bears economic scars from bullying. None of the previous figures, however, are meaningful unless they are compared to the cost of implementing a reasonable and proven solution to the bullying problem. Several leading researchers (Bauer et al., 2007, p. 273; Bradshaw et al., 2007, pp. 380-381; Vreeman & Carroll, 2007, pp, 87-88; Srabstein et al., 2008, pp. 12, 16; Ttofi & Farrington, 2009, pp. 22-23) all argue that a school-based, multi-faceted approach that incorporates school staffers, the entire student body, and parents is best for dealing with school bullying. Plan International uses the renowned Olweus Bully Prevention Program (OBPP) as an example of such a program. The OBPP is designed to be tailor made to fit a schools particular anti-bullying needs. Common features of the program include anonymous student surveying to understand the scale of a school bullying problem, a student/parent/teacher Bullying Prevention Coordinating Committee to assess the effectiveness of a schools antibullying measures and to promote new measures, classroom discussions to increase knowledge of the various forms bullying and empathy for it victims, and individual interventions for children who bully and children who are bullied which include the parents of all involved (http://www.clemson.edu/olweus/content.html). It was an OBPP-inspired plan that Phobe Princes school implemented after her suicide. The agency estimates the cost per school to implement OBPP would be roughly $5000, with maintenance costs being significantly less after the initial investment (Pereznieto, 2010, p. 48). With 125,000 public and private schools in the United States, the cost amounts to approximately $625 million annually (Pereznieto et al., 2010, p. 48). Plan International predicts that in the middle term the costs of OBPP would decrease significantly, especially when offset by costs of bullying activities. Even if these rough estimates (as Plan clearly admits they are) were off by four to six billion dollars, the cost of anti-bullying programs would still be cheaper than dealing with the consequences of bullying. Thus, the federal government and the states should mandate the implementation of OBPP or similarly structured programs along with a proper framework for their funding. Many people cannot imagine the suffering that a bullied child endures. Worse, the suffering leaves scars that persist long into adulthood. Our society has made significant strides in trying to protect children from the ills of the modern world with child labor laws, alcohol and tobacco age restrictions, and tough drug laws. Our nation must now rise to the task of protecting children in school and mandate anti-bullying legislation that incorporates a legal definition for bullying, provides acknowledgement to bullying as the public health concern that the CDC declares it is, and, most important, provides funding for school based approaches. In this difficult economic climate, asking the states to allot funding for yet another program may be a lot to ask. Imagine, however, telling the mother of Phoebe Prince that her state could not spare $5000 to intervene on Phoebes behalf. While it is not a guarantee that a school-based bully prevention program may have saved Phoebe, we can clearly see that idly standing by resulted in yet another tragic suicide. Our

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society should not have to endure headline-gripping child suicides in every state before the bullying issue is finally addressed. This nation, as well as every state in it, has an obligation to protect the children within its borders. The time has long arrived for them to do exactly that, by passing comprehensive anti-bullying legislation.

REFERENCES

Bauer, N., Lozano, P. & Rivara, F. (2007). The Effectiveness of the Olweus Bullying Prevention Program in Public Middle Schools: A Controlled Trial (Online Version). Journal of Adolescent Health Vol. 40, 2007, pages 266274. Retrieved October 31, 2010, from the World Wide Web at http://www.sciencedirect.com.ez.lib.jjay.cuny.edu/science?_ob=MImg&_im agekey=B6T80-4MWPV6D-1-1&_cdi=5072&_user=818020&_pii= S1054139X06003910&_origin=search&_coverDate=03%2F31%2F2007&_ sk=999599996&view=c&wchp=dGLzVzbzSkWb&md5=d9c35ce4aac50f1b860c9ce7b9182e7f&ie=/sdarticle.pdf. Bennett, J. (2010, October 4). From Lockers to Lockup. Newsweek Online. Retrieved November 1, 2010, from the World Wide Web at http://www.newsweek.com/2010/10/04/phoebe-prince-should-bullying-bea-crime.html Bradshaw, C., Sawyer, A., & OBrennan, L. (2007). Bullying and Peer Victimization: Perceptual Differences between Students and School Staff (Online Version). School Psychology Review Vol. 36, No. 3, 2007, pages 361-382. Retrieved October 31, 2010, from the World Wide Web at http://web.ebscohost.com.ez.lib.jjay.cuny.edu/ehost/pdfviewer/pdfviewer?vi d=2&hid=109&sid=9473e2c0-84aa-4d4e-ad7a-27d11b3fb80e%40 sessionmgr113 Fehr, S., Prah, P., & Vestal, C. (2010). State of the States 2010: How the Recession Might Change the States (Online Version). The Pew Center on the States. Retrieved October 31, 2010, from the World Wide Web at http://www.stateline.org/live/publications/States-2010 Jenkins, C. (2007, October 23). Bullying Costs School $4M. St. Petersburg Times Online. Retrieved October 29, 2010, from the World Wide Web at http://www.sptimes.com/2007/10/23/Hillsborough/Bullying_costs_school.sh tml Kennedy, H. (2010, March 29). Phoebe Prince, South Hadley High School's 'New Girl,' Driven To Suicide by Teenage Cyber Bullies. New York Daily News Online. Retrieved November 1, 2010, from the World Wide Web at http://www.nydailynews.com/news/national/2010/03/29/2010-03-29_ phoebe_prince_south_hadley_high_schools_new_girl_driven_to_suicide_by _teenage_cy.html

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Klomek, A. B., Marrocco, F., Kleinman, M., Schonfeld, I., & Gould. M. (2007). Bullying, Depression, and Suicidality in Adolescents (Online Version). Journal of the American Academy of Child and Adolescent Psychiatry Vol. 46, No. 1, January 2007, pages 40-49. Retrieved October 30, 2010, from the World Wide Web at http://www.csun.edu/~whw2380/438%20Spring %202010/documents/BullyingDepressionandSuicidalityinAdolescents.pdf McLeod, M. (2010, September 1). Mental Health Matters: The Costs of Bullying. Abilene Reporter-News Online. Retrieved October 29, 2010, from the World Wide Web at http://www.reporternews.com/news/2010/sep/01/mentalhealth-matters-costs-bullying/ National Public Radio (NPR). (2010, October 28). White House Takes a Stand Against School Bullying. NPR Online. Retrieved October 31, 2010, from the World Wide Web at http://www.npr.org/templates/story/story. php?storyId=130888311 Pereznieto, P., Harper, C., Clench, B., & Coarasa, J. (2010). The Economic Impact of School Violence: A Report for Plan International. Plan International & Overseas Development Institute. Retrieved October 31, 2010, from the World Wide Web at http://www.ungei.org/resources/files/violence.pdf Shoor, R. (1994). The Consequences of Depression. Business & Health No. 4, Vol. 12, April 1994. Retrieved October 29, 2010, from the World Wide Web at http://findarticles.com/p/articles/mi_m0903/is_n4_v12/ai_15256667/pg_6/?t ag=content;col1 Srabstein, J., Berkman, B., & Pyntikova, E. (2008). Antibullying Legislation: A Public Health Perspective (Online Version). Journal of Adolescent Health Vol. 42, 2008, pages 11-20. Retrieved October 31, 2010, from the World Wide Web at http://www.sciencedirect.com.ez.lib.jjay.cuny.edu/ science?_ob=MImg&_imagekey=B6T80-4RKWJ0P-3-1&_cdi=5072 &_ user=818020&_pii=S1054139X07004223&_ origin=search&_coverDate=01%2F31%2F2008&_sk=999579998&view=c &wchp=dGLzVtz-zSkzS&md5=81700 c46edeffb000cccf 07b00d02cd3&ie =/sdarticle.pdf Sourander, A., Jensen, P., Ronning, J., Niemela, S. Helenius, H. et al. (2007). What Is the Early Adulthood Outcome of Boys Who Bully or Are Bullied in Childhood? The Finnish From a Boy to a Man Study (Online Version). Pediatrics Vol. 120, 2007, pages 397-404. Retrieved October 28, 2010, from the World Wide Web at http://www.pediatrics .org/cgi/content/full/120/2/397 Tomazin, F. (2010, March 29). School Bullying and Injuries Costs State Millions. The Age Online. Retrieved October 29, 2010, from the World Wide Web at http://www.theage.com.au/victoria/school-bullying-and-injuries-cost-statemillions-20100328-r55a.html Ttofi [sic], M. & Farrington, D. (2009). What Works in Preventing Bullying: Effective Elements of Anti-Bullying Programmes (Online Version). Journal of Aggression, Conflict, and Peace Research Vol. 1, No. 1, April, pages 1324. Retrieved October 31, 2010, from the World Wide Web at http://web.ebscohost.com.ez.lib.jjay.cuny.edu/ehost/detail?vid=1&hid=109

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&sid=a2e74d23-d71b-4c62-9126b5bc950b16e3%40sessionmgr110&bdata=JnNpdGU9ZWhvc 3QtbGl2ZQ%3d%3d#db=tsh&AN=41327648 Vreeman, R. & Carroll, A. (2007). A Systematic Review of School-Based Interventions to Prevent Bullying (Online Version). Archives of Pediatrics & Adolescent Medicine Vol. 161, January 2007, pages 78-88. Retrieved October 29, 2010, from the World Wide Web at http://archpedi.amaassn.org/cgi/reprint/161/1/78?maxtoshow=&hits=10& RESULTFORMAT=&fulltext=A+systematic+Review+of+SchoolBased+Interventions+to+ Prevent+Bullying&searchid=1&FIRSTINDEX=0&resourcetype=HWCIT Wilson, J. (2010, October 20). Local Government Liability: A Major Cost and Exposure. Civil Justice Association of California. Retrieved October 27, 2010, from the World Wide Web at http://www.cjac.org/newsandresearch /research/local-government-liability-a-m/ Zetter, K. (2007, December 3). No Charges Will Be Filed in Cyberbullying Case. Wired Online. Retrieved October 28, 2010, from the World Wide Web at http://www.wired.com/threatlevel/2007/12/no-charges-will/

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English 218

GRANDPAS LOVE
____________________ YICHUN LUO

RIGHT AFTER I LEARNED A LESSON on the famous essay Zhu Sun Qing, a story about a teenager who writes of his grandpa as his best friend, although he believed that his grandpa did not love him, Fang, one of my seventh grade classmates in a small town in southeast China, told me that she felt happy whenever she dreamed of her grandpa even though he had passed away a long time ago. I made no immediate comment about Fangs passion for her grandpa. Unlike Fang, I did not feel any joy when I thought about my grandpa, and I was not willing to dream of him; my grandpa was the most hateful guardian in my childhood. Even thought I was taught in the lesson about how great old people can be, I did not believe my grandpa was one of them at that time. I always considered my elementary school years as a frantic period. When I was little, I played around the village with the boys in my class after school. Jumping into the river to catch fish, climbing the guava tree to gather birds eggs, and even climbing and jumping from one bamboo to another like monkeys in the forestthese were my daily activities in the village. My boyish behavior had never been praised by my grandpa. Instead, once he looked for me with his whipping stick when my neighbors told him that I was climbing in the longan tree. Even my friends were terrified. I hid, running from house to house in the village. The villagers used to warn me, Your grandpa is coming with a whipping stick, every time they saw I ________________________
The Assignment and the Writer: English 218, the gateway class to the Writing Minor, is a creative writing workshop in which students write in several genres: personal narrative, fiction, poetry. In this personal narrative, a challenging form that demands honest recounting of event and emotion, Yichun Luo takes readers to her childhood in rural China. Writers often say they write to find out what they think, and in this skillful, sensitive essay, Yichun explores complex family relations and comes to greater self-awareness. She brings Western readers very close to an unfamiliar context and illustrates the universal within the unique. -Professor Jeffrey Heiman

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was enjoying my daily routine. Of course, I was so scared, but I could not think of a time that grandpa really whipped me. Having been born in a village, I was born with wildness, as boys are; I guessed grandfathers are in favor of grandsons, but not mine. This became a constant tale as I grew up to maturity. My shy sister, who is one year younger than I and stayed home playing with puppies all day long, proved to me that I was wrong: my grandpa did not favor grandsons. When the ice cream bicycle man came to the village, I My grandpa was a seventy-two-year-old went to my grandpa for Liang Jiao farmer, but he was strong enough to ride (around twenty cents), but he and he had enough money for daily use always turned me away no matter how many times I asked and how because he would receive a little money much time I kept standing by him. from his second son in the United States When my sister went to my grandpa, he always willingly gave before the three main cultural festivals. her Wu Jiao (around fifty cents). Once, when I encountered grandpa riding home from the town with my sister who had candies in hand and sat on the backseat of his grand bicycle, I felt totally lost: Why not me? I hated my sister and I wanted to beg grandpa to let me try the honorable backseat of his grand bicycle at that moment. I struggled within myself but I kept my voice in mind. My grandpa was a seventy-two-year-old farmer, but he was strong enough to ride and he had enough money for daily use because he would receive a little money from his second son in the United States before the three main cultural festivals. The villagers believed my family was wealthy with the support from my second uncle, but I was the poorest member in the family because I received no pocket money from my parents who worked hard on the farm. I even lacked the love of my grandpa who was especially strict on my behavior. Clearly, my boyish nature was the reason for losing grandpas love. When my friends grandparents came and asked them to the town markets while we were playing in the village, I wished I could have grandparents and grandchildren time, but it would not happen because my grandpa always enjoyed feeding his strong black buffalo on the riverside or sun bathing on the balcony with his old audio cassette tapes which might no longer be playable because of the wet climate season. In school, the first rule toward becoming a three-star student is to help and respect the elderly; I believed this code would gradually lead me closer to my grandpa. Thus, I tried and I failed. June 1st, 2000, was the national childrens holiday. I brought my favorite gummy candies awarded by the school, and I ran up the balcony and said to grandpa, Gei Ni. Cruelly, Grandpa kept flipping over his old radio tape with a match stick rather than give me a glance. When I repeated, he rejected my offer and yelled, Bu Yao! I was shocked and wondered whether it a mistake trying to attract my grandpas attention. I found no response at that moment, and I could not bear his

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loud and rude voice. My only reaction was to run away from him, so I ran away from the balcony, ran to the riverside, where I saw only my grandpas buffalo eating the weeds on the other side. All my boyish energy was gone as I looked at the buffalo, and I asked the buffalo how he could become so strong and loyal under my grandpas rude attitude and how could he bear the whip when grandpa dragged him through the farm. The buffalo did not hear me and kept eating. I could not help but crying. When my tear dropped into the river, I noticed the fish swimming, free forward and backward. At that moment, I saw that the world did not change. Why should I tear for my evil grandpa? At 4 pm. on April 5, 2003, two months before I graduated from eighth grade, I parked my bicycle when I arrived home and I noticed there was a small bag of farm pesticide on the dinner table. I found my grandpa on the bed, his right leg dangling on the outside. He was My only reaction was to run away choking. I did not dare to walk closer, from him, so I ran away from the but I ran back to my bicycle and rode to the farm to get my father. While my balcony, ran to the riverside, where father took my grandpa to the hospital, I saw only my grandpas buffalo accompanied by other uncles from the village, I rode my bicycle back to eating the weeds on the other side. school for the text reviewing class at night. In the class, we were reading aloud, and I tried to concentrate on the readings and left the incident behind. Being focused, I tried and tried. I could not bear my thoughts any longer, and when the whole class recited Zhu Sun Qing, my mind went back to the scene and I started crying. Three days later, I was told my grandpa was not getting better after the tormenting gastric lavage and would pass away soon. My uncles and aunts arrived, and they were going to the hospital. I pretended that nothing happened and went back to school after lunch. Half way to school, I encountered my first uncle with a pale look sitting on a tractor, and my father and cousin drove their motorcycles slowly following, slowly toward home. I wished the road would be more crowded so that they would not notice I was passing through, but my cousin signaled to me. I ignored him, and I did not realize that I was too brave to keep going on my way to school even though all my family members should be home at that time. When I approached the crossroad, I stopped, and all my thoughts went to my grandpa over the past three years. My grandpa started suffering senile dementia when I started sixth grade. During these past three years, I complained a lot about my grandpas illness when he was not able to remember me. This illness also rendered my grandpa unable to use chopsticks to eat and instead he used his hand, which irritated me, and I felt embarrassed when my grandpa would sing dialect songs on the balcony. Suffering senile dementia, my grandpa not only received no effective medicine but also lived out of his mind, and I had not even helped him a little bit. Then I realized that although I had high grades in my class, I was not in fact a good student. I had failed to follow the first rule: to help and to respect the elderly. I turned around as the truck passed through the crossroad, and I saw more and more bicycles coming my way, obstructing my view of my relatives backs as they headed home. More and more students in blue school uniforms were riding

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bicycles and chasing me from behind. When I intended to get going on my bicycle, I saw my sister riding toward me, and she told me that there was a message on the gate of school indicating we should go home. Riding our bicycles toward home, we did not talk but wept, and the road seemed longer and longer. When we arrived home, I saw that my third and fourth uncles, whom I only met at festivals, were in front of the crowd in the front yard, and I heard my aunts crying inside the house. Fellow villagers took our bicycles and led us toward the matting which my grandpa was lying on. When my older cousin cried aloud, I felt for the first time how important my grandpa was to him; however, I did not feel anything else. More and more relatives and fellow villagers arrived. I thought only that this would be the longest night in my life. The sight of the mortician, who was dressed in a long yellow robe, together with his assistants in white long gowns, had a lasting effect on me. Through the whole night, the morticians were performing traditional religious funeral rites, and some fellow villagers got together as if they were watching an interesting show. Ping Ping Pong Pong. Sounds from morticians religious instruments combined with noises from fellow villagers who were gambling beside the hall were like thunder, which stayed three days in my head and would not disappear for the rest of my life. The funeral ended the next day with harmonious sunshine and wind, which provided a religious sign that my grandpa had earned a happy life. One hundred days later, my family was back to regular interaction with the fellow villagers and another section of my life fell into place when I heard about my grandpa from them. When I sat on the riverside, where my grandpa used to walk with his buffalo, one of the old villagers told me that my grandpa loved me so much when I was an infant. Grandpa used to buy me a lot of nutritional soy drinks, and I was the kid who drank the most bottles of soy drinks in all the villages, even more than my shy sister. Once, my grandpa bought me a small bicycle which drew the jealousy of the kids in my village, and he wanted me to be well and safe from danger. When I turned around and looked across the river, I realized that my grandpas buffalo had been sold three years ago, and nothing familiar was left but the lawn grass which had just been eaten by other buffalos.

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International Criminal Justice 310

MEDICAL ETHICS AT GUANTNAMO BAY

____________________ MELANIE FERRERI
ABSTRACT

This study proposes to identify the role of medical personnel at Guantnamo Bay and further uncover motivations to facilitate torture as defined by President Bush by identifying Techniques of Neutralization (Sykes & Matza, 1957). This study seeks to help formulate policy implications in line with medical ethics regarding the role of physicians in times of war and call for proper training of medical personnel prior to involvement with patients in delicate situations such as prisons.

INTRODUCTION

AFTER THE ATTACKS OF SEPTEMBER 11, 2001 the United States and various countries aligned to fight the term coined the global war on terror. The idea of national security has dominated headlines within the United States, who have taken extreme caution to protect its nation from further attack. In the early stages in the global war on terror, the U.S. received great support for its actions in fighting terrorism. However, since as early as 2002 the United States has been criticized for its opening of Guantnamo Bay and enhanced interrogation techniques. Hundreds of detainees have passed through the walls of Guantnamo Bay as alleged terrorists and have been confronted with aggressive interrogation tactics while the U.S. has tried to retrieve reliable intelligence information.
The Assignment and the Writer: In ICJ310 (Foundations of Scholarship in International Criminal Justice) students write a research proposal as the main writing assignment for the course. They are asked to formulate a comparative or international research question and design a research project that would address that question, utilizing the knowledge and skills gained in the course. Melanie Ferreri was interested in medical ethics and the role of physicians in facilitating abuse and torture at Guantanamo. Her writing is professional and her use of theory was creative and well-integrated. -Professor Rosemary Barberet

________________________

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The Bush Administration redefined human intelligence programs and incorporated enhanced interrogation (EI) techniques known to include; water boarding, forced nudity, extreme temperatures, sleep deprivation, stress positions and long periods of isolation (Physicians for Human Rights, 2010). The Bush Administration and team of lawyers redefined the legal terms of torture by establishing legal thresholds for torture which required The proposed research is a retrospective medical monitoring of every application of enhanced inter- study which may reveal violations of medical rogation. Medical personnel ethics by Guantnamo medical personnel and were responsible for ensuring further uncover the underlying motivations that the legal threshold for severe physical and mental to participate in such events. pain was not crossed by interrogators (Physicians for Human Rights, 2010). However, there has been much controversy over the role of medical personnel participating in harsh interrogation techniques which have blurred the line between proper medical ethics and their role in ensuring U.S. national security. The main research question guiding this proposal is: What is the role of Guantnamo medical personnel during times of enhanced interrogation techniques? Secondary questions include; did the physicians participate in experimentation on the prisoners without consent, what is the justification of those involved and was the data collected by the physicians used to establish effective torture techniques. To answer the above questions, this study will attempt to evaluate the role of medical personnel at Guantnamo Bay within the confines of the Bush Administrations newly defined definitions of enhanced interrogation techniques (EIT). This study is important because it can provide insightful information into the role of medical doctors in times of war as well as their effectiveness in prisons. The proposed research is a retrospective study which may reveal violations of medical ethics by Guantnamo medical personnel and further uncover the underlying motivations to participate in such events. This study may allow for further improvements in transparency within policy regulations regarding treatment of prisoners and help define the needed role of medical physicians in times of war. The doctors working in Guantnamo are employed by the Central Intelligence Agency (CIA) and were hired to oversee and monitor enhanced interrogation techniques by other Guantnamo personnel. Reports stated that the doctors were not only there to monitor the torture program but were used to determine the effectiveness of certain interrogation tactics using detainees as human subjects without their consent. Health Professionals . . . monitored the interrogations of detainees, collected and analyzed the results of those interrogations, and sought to derive generalizable inferences to be applied to subsequent interrogations (PHR, 2010, p.5) Military personnel have revealed that medical personnel at the detention center designed individual interrogation plans for the prisoners which included sleep plans, dietary manipulation, sensory deprivation, environment manipulation, stress positions and elongated periods of isolation to be monitored by medics

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(Bloche, 2005). Doctors also monitored oxygen levels during water boarding procedures by placing a monitor on the detainees finger. However, such activities by medical doctors violate universal medical ethics. According to the World Medical Association (WMA), the role of a medical professional is to always bear in mind the obligation to respect human life and act in the patient's best interest when providing medical care (WMA, 2010). This explanatory research seeks to identify the role of medical doctors during enhanced interrogation and further analyze the justifications and rationales of the medical personnel involved. Through explanatory research the motivations and justifications of medical personnel at Guantnamo Bay will be answered possibly uncovering the phenomenon of alleged torture.

LITERATURE REVIEW

The first recognized code of medical ethics dates back to the American Medical Association (AMA) in 1903 and was later modified in 1957, 1980 and 2001. As recognized above, the idea of universal medical ethics is not a new phenomenon. Medical ethics were created centuries ago but became very popular during World War II with the accusations of medical malpractice among Nazi doctors. The involvement of German doctors conducting experiments among Jews and the mentally ill has left a permanent stain on medical ethics. (Wilks, 2005, p.429). In relation to Nazi doctor medical malpractice, and a breach in medical ethics, Lifton attempts to explain the deviation of medical norms by identifying several factors including the acceptance of state ideology by medical staff which led to the creation of scapegoats, allowing for what he called doubling, an ability to exist in two separate but functional halves. Other factors included fear of reprisal if the doctors refused to participate and, a poor understanding of basic medical ethical principles (Wilks, 2005, p. 429). Unfortunately, Lifton seemed to demonstrate that incidents of breaches medical ethics are isolated. However, there is a very long history with evidence against doctors, and the phenomenon is still relevant in todays society, such as Guantnamo Bay. For the purposes of this research, a universal definition of medical ethics must be used such as the World Medical Association International Code of Medical Ethics that a physician shall: always respect human life and always act in the patients best interest when providing medical care (WMA, 2010) in order to ensure internal validity when discussing the activities of doctors at Guantnamo Bay. According to Wilks, the failure of the medical community to intervene and create objections to violations of medical ethics has caused the situation in Guantanamo to worsen and allow for the medical personnel within the detention center to continue such behavior. In February 2002, President George W. Bush declared that the detainees in Guantnamo were no longer covered by the Geneva Conventions. Bush declared all detainees to be unlawful enemy combatants which are not granted Prisoner of War (POW) status. Bush established a legal loophole and neglected international law within the Third Geneva Convention; Part II, Article 13 states that: Prisoners of war must at all times be humanely treatedno prisoner of

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war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest (United Nations, 1949). In 2002, a Senate Armed Services Committee Report revealed that interrogation techniques put together by psychologists to gather reliable intelligence information had now been deemed ineffective and harmful to detainees by the same psychologists who put the techniques together (Fink, 2009). Psychiatrist Maj. Paul Burney, psychologist John Leso and a psychiatric technician had been sent to Guantnamo in June 2002 for what they thought would be to assist U.S. The [Physicians for Human Rights] soldiers in coping with the report also provided evidence from Guantnamo relocation. However, U.S. government documents that the team of medical personnel was quickly deployed to a military human research was conducted on intelligence command task force prisoners in U.S. custody while where they were asked to create a monitored by medical doctors. Behavioral Science Consultation Team (BSCT) to assist in intelligence gathering. The three found themselves facing moral dilemmas and Psychologist Leso was devastated to be witness to such interrogation tactics. Leso felt that he had received increasing pressure to teach interrogators procedures and tactics that were a challenge to his ethics as a psychologist and moral fiber as a human being (Fink, 2009). Bloche clearly states the primary role of doctors in times of war (2005, p. 35) are to accompany military personnel and serve in a noncombatant role in times of war. Medical professionals are bound by International law to treat wounded combatants from both sides and injured civilians. They are also required to attend to enemy prisoners and report any cases of abuse as per the Geneva Conventions for as long as they themselves do not become enemy combatants (Bloche, 2005, p. 3). According to Bloche, recently released documents uncover that caregivers released detainees personal medical documents to military personnel to assist in interrogation; physicians assisted in the design of interrogation strategies including sleep deprivation and other coercive techniques dependent upon detainees medical conditions. If detainees medical history were used against them this allows us to (allude to the idea) that doctor-patient confidentiality was breached in Guantnamo Bay as per American Medical Association (AMA) ethics as the allegations of personalized interrogation plans continue to surface. While empirical research on the motives of doctor compliance in Guantnamo Bay is lacking in the field, there is still a great need to research the role of physicians in Guantnamo Bay. If motivations of the doctors are transparent the medical community may divert their anguish and help in the prevention of future cases of breaches of medical ethics, specifically in times of war. According to a report published by Physicians for Human Rights in 2010, the Bush Administrations newly defined definitions of torture established a new legal threshold for torture which was to be monitored by medical professionals. Medical staff was particularly responsible to ensure that the enhanced interrogation

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techniques (EIT) did not surpass the legal threshold for severe physical and mental pain (PHR, 2010). The report also provided evidence from U.S. government documents that human research was conducted on prisoners in U.S. custody while monitored by medical doctors. The doctors at Guantnamo Bay monitored interrogations of detainees, collected and analyzed the results of those interrogations and sought to derive effective interrogation techniques which would then be applied to subsequent interrogations (PHR, 2010). Such acts are in violation of proper research ethics, which states that human subjects must give voluntary consent to participate in scientific experimentation and that prisoners specifically used in experimentation (due to their sensitive situation) must be treated with dignity. Also, acts of monitoring interrogation techniques by health professionals could violate accepted standards of medical ethics. Physicians for Human Rights brings to attention three instances which medical personnel took part in experimentation with the prisoners including; (1) monitoring waterboarding practices and collecting detailed medical information that was later used to design, develop and deploy subsequent waterboarding procedures, (2) collecting information on the effects of combined interrogation techniques versus sequential applications and then used the data to establish policies for implementation of interrogation techniques, (3) collecting data on sleep deprivation effects which later helped establish the enhanced interrogation techniques sleep deprivation policy (PHR, 2010). The use of health professionals to monitor intentionally harmful interrogation techniques places them in the service of national security objectives which are in conflict with the interests of those who they are monitoring. The result has been a co-opting of health professionals by the national security apparatus and a violation of the highest medical admonition to do no harm (PHR, 2010). This PHR report draws primarily from U.S government sources and documents, many which have been redacted throughout and other documents remain classified reflecting limitations of the above study. The report expresses concern that evidence of human experimentation by medical personnel is difficult to prove because of the confidentiality of government documents but does recognize that there is clear evidence that medical personnel were used to monitor enhanced interrogation techniques and their observations led to refinement of the interrogation policies. In analyzing the previous literature, there are specific gaps which allow the necessity of further empirical research to strengthen, focusing on the role of Guantnamo medical personnel during times of enhanced interrogation techniques alluding to alleged breach of medical ethics. While all past findings are consistent with each other, that yes, medical personnel played a part in the establishment and policy implementation of enhanced interrogation techniques, limitations of research are apparent. Within Wilks research of Nazi doctors, Lifton attempts to make an argument on behalf of the doctors who took part in human experimentation and violated universal medical ethics by creating justification for the deviation of medical norms by identifying several factors including, adherence to state ideology and the creation of scapegoats (Wilks, 2009). One relevant flaw in this article is that

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it fails to justify the doctors who did not participate in breaches of medical ethics. Not all doctors took part in acts of torture and their theory of motivation does not include such support. However, this article demonstrates that a clear understanding of medical ethics is needed to conduct research among medical doctors and any staff of those involved in Guantnamo Bay. Also, the literature demonstrated the earliest theory of motivation for doctors to participate in EIT and their research may be found relevant and may be used as a counterpart to the proposed research. However, the study fails to address the doctors personal reasoning and Lifton draws his conclusions off of assumptions while this proposed study will attempt to uncover the doctors motivations through personal insight. The method used by Fink represents effective research for the purposes of sampling within a population. Fink used a combination of snowball and purposive sampling to retrieve information about the role of Guantnamo doctors. Fink contacted a military supervisor who was once a former supervisor to Psychologist Leso and made statements about Lesos role at the detention center. Within Bloches research, there is a clear outline of the role of medical doctors in times of war which can be used to outline the proposed study of medical doctors in Guantnamo Bay and the application of medical ethics. The Physicians for Human Rights (2010) study demonstrates the limitations of government documents which often are redacted and confidential - exhibiting the lack of research in the actual field having been completely reliant upon government documents. Scholarly research on the role and motivations of medical personnel at Guantnamo is virtually non-existent. Previous articles have discussed the doctors roles in a very general manner and assume what the doctors motivations may be. For the purposes of the proposed study and drawing upon on the limitations of previous research that use primarily government documents to prove accusations of breaches of medical ethics in Guantnamo, this study has the potential to validate the alleged role of Guantnamo medical personnel during EIT and furthermore; uncover the justification of those involved by not just focusing on government documents but resorting to outside sources including, doctors, military personnel, detainees, lawyers and NGOs. However, this study does not seek confessions or any incriminating evidence. This study seeks to understand and explain the role of doctors at Guantnamo Bay.

DESCRIPTION OF PROPOSED STUDY

This research proposes to analyze the role of medical personnel at Guantnamo Bay during enhanced interrogation techniques. While analyzing the role of physicians this study hopes to consider issues such as internal beliefs and opinions of the doctors who allegedly took part in EIT at Guantnamo Bay and further analyze their understanding of their role in EIT and whether they realized a breach of medical ethics were occurring. This study proposes to analyze the attitude and behavior of the doctors and why they chose or chose not to take part in such actions at Guantnamo Bay. This explanatory research will analyze the role of medical personnel at Guantnamo Bay and further determine if there was a breach in medical ethics also,

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reveal if physicians used medical history against the prisoners and participated in experimentation with torture to determine its effectiveness on prisoners. A major goal of this project is to make sense of physicians role and motivation in Guantnamo Bay. This is a retrospective study considering the role of physicians who are no longer participating at the Guantnamo detention center. Thus this research will be drawn from a real world context and not in the environment of a controlled experiment as medical personnel were put in place at Guantanamo Bay as mechanism of the U.S. government even though they were legally bound by universal medical ethics.

SIGNIFICANCE OF PROPOSED STUDY

While research in the field of medical ethics at Guantnamo has been briefly written about, the purpose of the proposed research is to hear the medical personnels point of view and discuss their views about alleged accusations of torture. Therefore; for the purposes of this research I do not need explicit confessions or any self-incriminating evidence. The goal of this research is to lay the groundwork about the role and justifications of the medical personnel involved at Guantnamo Bay.

THEORY

The scientific theory guiding this research proposal is Sykes and Matzas; Theory of Neutralization. Sykes and Matza (1957) were criminologists whom begged the question how is it possible for those to come in violation of conventional morality when they know right from wrong? Sykes and Matza developed techniques of neutralization or learning of excuses to justify delinquent behavior. While using these techniques of neutralization norms could be temporarily suspended and their controlling effects neutralized (Sykes & Matza, 1957, p. 5). Sykes and Matza described five techniques of neutralization: (1) denial of responsibility, (2) denial of injury, (3) denial of the victim, (4) condemnation of the condemners and (5) appeal to higher loyalties (Sykes &Matza, 1957, p.5). For the purposes of this research study we will be focusing on the 5 techniques of neutralization. Denial of responsibility discusses a technique of neutralization which allows for the delinquent to make claims of it was not my fault and justify that the deviant acts were beyond their control having come from an outside source or authority (Sykes & Matza, 1957, p.5). The individual may feel drawn into the situation and helpless with no way out. The diffusion of responsibility may occur in any setting as demonstrated in the Zimbardo prison experiment. Philip Zimbardo replicated a prison setting and assigned college students specific roles including abusive guards and prisoners. Within six days those assigned to the role of the guard had taken part in violent acts and the prisoners had expressed feelings of helplessness. Those acting as guards placed the blame for their actions on the researchers and the group as a whole, never haven taken responsibility as an individual (Grodin, 2007, p.9). This experiment may help us understand the suspected response of the medical doctors in Guantanamo Bay in that they were obeying commands from an outside source, such

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as the Bush Administration and therefore; they were able to neutralize their behavior towards the detainees as only following orders and their actions were not their idea, but the idea and product of the U.S. government. Denial of injury reiterates the idea that there is no real victim and the [T]he concept of dual loyalty in the delinquent themselves can evaluate the context of the medical world makes harmfulness of their behavior and claim that no one was directly harmed from the role of medical doctors more their actions (Sykes & Matza, 1957, p.5). complex in that they are obligated This neutralization technique is the to their patients but may feel equivalent of justifying deviant acts on the basis that their actions did not cause obligated to their country as well. harm to anybody else. An example of this technique of neutralization for the purposes of this research may include Why is everyone making a big deal about it, theyre terrorists! Denial of the victim occurs when the delinquent views their actions acceptable because it is the rightful form of retaliation or punishment (Sykes & Matza, 1957, p.5). Denial of the victim often occurs in cases of racism/prejudice. An example of this technique of neutralization consistent with the proposed research may include Theyre Muslim; they had it coming to them. Condemnation of the condemners is a neutralization technique in which the condemners become hypocrites and react out of spite, shifting the blame unto others allowing for repression of the thought that their actions are delinquent. This form of neutralization may result from the critiques of the medical community such as the AMA and Physicians for Human Rights which spoke openly about the alleged abuses of medical ethics and expressed outrage over the involvement of medical professionals contributing to torture in Guantnamo Bay. Appeal to higher loyalties derives from the idea that a person may become delinquent or break the law if they feel it is in the best interest of a group and they must protect the community. In this technique of neutralization the norms of society are put on hold for the best interest of that specific society. In line with this proposed research, medical personnel may consider the protection of the U.S. population to hold higher than the protection of the detainees at Guantnamo Bay when discussed in the context of terrorism and national security. However, the concept of dual loyalty in the context of the medical world makes the role of medical doctors more complex in that they are obligated to their patients but may feel obligated to their country as well. Military medical personnel, especially in a time of war, are faced with the most ethically difficult dual loyalty of doing what is in the best interest of their patient and doing what is in the best interest of their government and fellow soldiers (American Society of Law, Medicine & Ethics, 2006). Medical personnel may have offset medical ethics on the basis of the Bush Administrations legal loopholes and have considered their appeal to authority and protection of United States national security to be held of higher value than the obligations to universal medical ethics and do no harm. While yes, there has been evidence of the concept of dual loyalty and appeal to higher loyalties having led to abuses, it is important to acknowledge the honorable job medical

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personnel have done in Guantnamo Bay in servicing other military personnel and detainees. Despite the fact that accusations of breaches of medical ethics have risen, I must examine not only those who had direct involvement in torture at Guantnamo Bay but also, those who denied collaboration with other medical personnel to take part in breaches of medical ethics. Nonetheless, even those who did not directly participate in EIT, may still be at fault for having kept silent while in the presence of EIT and having never reported such abuses of medical ethics (American Society of Law, Medicine & Ethics, 2006). Skyes and Matzas Techniques of Neutralization serve as justifications for medical personnel but may not explain why the doctors chose to transfer to Guantnamo in the first place. Important to note that the original medical staff of Guantnamo Bay were uninformed of their expected role upon arrival to the detention facility and for that became angry and upset with the Bush Administration (Fink, 2009) Outside reasons such as money, peer-pressure and promised protection from the U.S. government could have all served as variables to participate in EIT. Neutralization Theory may be applied to this proposal as an explanation for medical personnels involvement in EIT at Guantnamo Bay. Techniques of neutralization were demonstrated by Lifton (Wilks, 2009) to understand the role of doctors during WWII. Using techniques of neutralization as stated above may have allowed for the physicians to commit delinquent acts by rejecting the norms themselves (Lilly, 2007, p.92).

METHODOLOGY RESEARCH DESIGN

This explanatory research seeks to analyze the role of medical personnel at Guantnamo Bay and further determine if there was a breach in medical ethics. This research seeks also to reveal if physicians used medical history against the prisoners and participated in experimentation with torture to determine its effectiveness on prisoners. A major goal of this research is to unveil the truth about the role of medical personnel at Guantnamo Bay using a cross-sectional research design. Within this cross-sectional design data will only be collected at one point in time and than further analyzed to understand the clear role of physicians during EIT. I have chosen a cross-sectional research design because this is a retrospective study and cannot be conducted in a controlled experiment design as the data which is needed has already occurred and interviews remain the most productive source of data. The cross-sectional research design is ideal because it would allow the researcher to: 1. Allow for the researcher to identify techniques of neutralization. 2. Understand the assigned role of medical personnel. 3. Gage the amount of physicians involvement in enhanced interrogation techniques at Guantnamo Bay. 4. Understand the impact of medical personnel in prisons and during times of war.

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HYPOTHESIS/RESEARCH QUESTIONS

The research question guiding this qualitative research proposal is: Do the techniques of neutralization facilitate medical personnels involvement in torture? Secondary questions include; what is the role of medical personnel during times of EIT, did the physicians participate in experimentation on the prisoners without consent, what is the justification of those involved and was the data collected by the physicians used to establish effective torture techniques. Using deductive research I intend to answer the above questions through empirical research uncovering the role and justification of medical personnel at Guantnamo Bay.

MEASUREMENT ISSUES

The goal of this research is to identify the role of medical personnel at Guantnamo Bay during times of enhanced interrogation techniques in which detainees allegedly experienced water boarding, forced nudity, extreme temperatures, sleep deprivation, stress positions and long periods of isolation (Physicians for Human Rights, 2010). Data will be obtained from doctors, military personnel, detainees and detainees lawyers. Key variables to measure include the five techniques of neutralization; (1) denial of responsibility, (2) denial of injury, (3) denial of the victim, (4) condemnation of the condemners and (5) appeal to higher loyalties (Sykes & Matza, 1957, p.3) These techniques of neutralization would help identify the rationales, justifications and cognitive distortions of the doctors involved. These variables would be measured through interviews with the personnel involved in EIT. I will define the measures in accordance with the proposed theory of Sykes and Matza (1957). To determine the validity of responses, the researcher will use methods of triangulation to ensure that the measures are accurately recorded. Triangulation will help strengthen the measurement of the variables by using sub samples of the population such as doctors, detainees and military personnel. Triangulation will be used to confirm or refute responses by participants. For example; I will triangulate responses from doctors to responses from detainees. I will triangulate responses from doctors to responses from fellow military personnel or other doctors. Questions to determine the role of medical personnel at Guantnamo Bay during times of EIT may include but are not limited to, what was your job description prior to transferring to Guantanamo Bay? What were your initial intentions upon arrival to Guantnamo Bay? What was the work environment like, norms, political ideology? What did you consider the detainees, enemy combatants or patients? Whom did you feel morally responsible to? Did you feel obligated to the United States government or to the detainees, and why?

SUBJECTS FOR THE STUDY

This study will operate within the confines of Guantnamo personnel at any given time dating back from 2002 until present. The key participants in this research will involve medical personnel, military personnel, detainees and lawyers stationed in Guantnamo Bay, Cuba at one point in time. Given the confidentiality and

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classified access of Guantnamo detention facility, participants will be contacted via phone calls, e-mail, Skype, G-talk, letters, social networking sites (Facebook, Myspace) and face to face interviews. The researcher will first chose her sample through purposive sampling, which is a method of non-probability sampling in which subjects are selected because of their unique position to rich information regarding the proposed research (Chambliss & Schutt, 2006, p. 174). For this research the key informants will include medical personnel, military personnel, detainees and lawyers having been involved in EIT or having been informed of the ongoing water boarding, forced nudity, extreme temperatures, sleep deprivation, stress positions and long periods of isolation allegations. Since this is qualitative research the need for a representative sample is necessary as the data collected seeks to answer questions about the phenomenon which may involve non quantitative answers but in depth responses about the role of medical personnel at Guantnamo Bay. A representative sample will resemble the population as closely as possible having all characteristics represented - in order to make generalizations about the population (Chambliss & Schutt, 2006, p.111). Along with purposive sampling will be snowball sampling beginning with those Guantnamo personnel who have already spoken up about the interrogation processes at the Cuban detention facility. Snowball sampling is a method of sampling which sample elements are chosen because of their access to specific informants or interviewees (Chambliss & Schutt, 2006, p. 124). Ex- Guantnamo translators, ex-military personnelor retired personnel, psychologists, psychiatrists, detainees and detainee lawyers have all already spoken on the role of medical personnel at Guantnamo Bay and have addressed the issues of medical ethics in line with treatment of prisoners during wartime. This method has been proven effective in the above study (Fink, 2009) who contacted military supervisor who was once a former supervisor to Psychologist Leso in order to retrieve information and contact to other Guantnamo personnel.

DATA COLLECTION METHODS

The data for the proposed research will be gathered through a combination of in-depth interviews and unobtrusive measures. In-depth interviews will involve open-ended, unstructured questions from which the researcher seeks in-depth information on the interviewees feelings, experiences and perceptions (Chambliss & Schutt, 2006, p. 236). The method of unobtrusive measures may include gathering and analyzing of official documents, compiled by government and non-government sources. Due to the sensitive classification of Guantnamo Bay, field research, participant observation and/or complete observation are not permitted. Data Collection through in-depth interviews may include: 1. Conducting face to face interviews dependent upon location of informants (although within the U.S.) 2. Conducting unstructured, open-ended interviews:

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a. Interviews will be conducted with retired Guantnamo medical personnel by the researcher either in-person, via Skype, G-talk, letters or e-mail from which the researcher will transcribe the interviews immediately after completion. b. Interviews will be conducted with ex-military personnel and lawyers by the researcher and will also be transcribed immediately after completion. 3. Interviews will be conducted with detainees by an Arabic translator (if needed) and will be transcribed immediately after completion a. If debriefing deems necessary upon completion of interview due to psychological trauma, a therapist or Sheik (if needed). Data Collection through unobtrusive measures will include: 1. Analyzing unclassified official government documents, government records, government statistics and non-governmental reports.

DATA

The nature of the proposed data will be qualitative in that the researcher seeks to capture the phenomenon as described by participants in a natural setting rather than in a controlled experiment. The data for the proposed research will be gathered through a combination of in-depth interviews and unobtrusive measures. The researcher will conduct in-depth interviews involving medical personnel however; because I am a white woman, detainees may feel uncomfortable speaking to me and for that I will employ a male friend who is fluent in Arabic that will conduct interviews with detainees. Also, if the situation arises that military personnel are uncomfortable speaking with me I will ensure them that I too have a United States security clearance. However, I will understand if they are not comfortable speaking to me and I will employ two ex-military friends whom they may communicate with better than myself when finding common ground. Those employed by the researcher will be reimbursed for their services a sum of $15 per interview conducted and informants will be reimbursed at a rate of $20 for their participation in the study. Qualitative research will allow for the participants to give meaning to the events they experienced/participated in. While conducting this qualitative research, the researcher must consider the sensitivity of the topic and that informants may not want to reveal incriminating information. Therefore; the researcher must inform all participants of the confidentiality and anonymity of their participation in the study with a cover-letter informing them of their rights and protection of privacy.

DATA MANAGEMENT

Since the data collected in this research proposal is qualitative and uses a deductive hypothesis testing approach to answer the question: Do the techniques of neutralization allow for the medical personnels involvement in torture? It is important for the researcher to remain organized and keep all information in chronological order. Although a large number of informants are not necessarily

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needed to generalize the findings of the research, the data collected will assume to be lengthy and in-depth. Therefore, the researcher must keep a log of who, where and when interviews were conducted with proper notations on all interview transcriptions. Interviews will either be recorded with an audio device or with field notes and jottings. However, the researcher must immediately transcribe the interview data into official transcripts and label folders accordingly. Because the interviews may be lengthy once transcribed the researcher must type up a summary of each interview and analyze whether the data collected is in line with the proposed hypothesis as this is deductive research. As for managing the unobtrusive measures of data, a chart will be compiled organizing the information along with summaries and analytical notes. The chart will consist of retrieval information (i.e, Author, Date, Web Address). From there the researcher will determine if the documents are suitable to answer the proposed research question and whether they validate any information given by the informants.

ANALYSIS

As the method chosen for this research proposal is qualitative, the researcher will primarily analyze text whether from, official documents or transcripts of interviews. The goal of the researchers data analysis is to try and understand the role of medical personnel at Guantnamo Bay during times of EIT and further analyze their justifications and rationales behind participating in the alleged breach of universal medical ethics by identifying techniques of neutralization. The researcher will use two forms of qualitative data analysis; Ethno-methodology and Narrative Analysis. Ethno-methodology focuses on the way that participants in a social setting construct a certain reality (Chambliss & Schutt, 2006, p. 265). Narrative Analysis focuses on how respondents create order on the flow of experiences in their lives and attempt to make sense of events and actions in which they have participated (Chambliss & Schutt, 2006, p. 265). The data analysis will include: 1. Authenticating Conclusions; within qualitative research standards of validity or authenticity of conclusions need to be carefully considered. a. Researcher will use methods of triangulation to ensure the credibility of the informant. b. Using tacit knowledge the researcher will note not only verbal language but observed behavior during interviews such as nods, silences, humor and naughty nuances (Chambliss & Schutt, 2006, p. 260). 2. Reflexivity will also be used to draw confidence in the conclusions of the research. a. Upon completion of each interview, the researcher will document how the researcher interacted with the subjects, what problems they encountered and how these problems were not resolved. (Chambliss & Schutt, 2006, p. 261). b. Reflexivity allows for the researcher to be honest about their findings.

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Once the data has been collected and analyzed, the researcher will resort back to the main research question guiding this proposal. The researcher will than analyze if the data collected can answer the proposed question or if it seeks to answer a more appropriate question or if the data collected provokes additional questions. This proposed research involves human subjects therefore; the general rules set forth by the Office for Human Research Protections will be followed. The researcher will submit an application to the John Jay College/CUNY Institutional Review Board (IRB) for review. The IRB will have the opportunity to ensure all policies and guidelines set forth by the OHRP are being followed and consider the potential risks, benefits and discomforts the research may cause its participants. Upon permission of the IRB to begin the proposed research, an Informed Consent form will be distributed to research subjects explaining to them the goals of the research study and have them understand that they are not obligated to participate and reassure them of anonymity. A Certificate of Confidentiality will be pursued to ensure the confidentiality and privacy of the research subjects. A Certificate of Confidentiality protects researchers from being legally required to disclose confidential information (Chambliss & Schutt, 2006, p. 65). And due to the sensitivity of this topic a certificate of confidentiality will deem necessary in order to retrieve reliable information from participants. To ensure the anonymity of potential subjects the researcher will: 1. Avoid specific identifiers while taking notes and recordings and replace direct identifiers with codes (if needed). 2. Only quoting directly if given permission by the participant. 3. Once all notes have been formally typed up and turned into official transcripts, all efforts will be made to destroy identifying information as to prevent outside users from finding subjects. As the researcher will employ fellow John Jay students for purposes of translation and interviews, the researcher will require these participants to complete and pass the Collaborative Institutional Training Initiative (CITI) examination before being hired by the researcher. This is a necessary step to ensure the safety, confidentiality and anonymity of the human research subjects.

ETHICAL CONCERNS

LIMITATIONS OF PROPOSED STUDY

While the goal of the proposed research is to identify the role of medical personnel at Guantnamo Bay and further identify their justifications and rationales for allegedly breaching medical ethics, limitations of the proposed study may include: 1. Due to the sensitive nature of the material and confidentiality of informants, this may be a very hard population of subjects to reach and there is no guarantee that a feasible sample will be reached. However, those subjects who will be used in this study may offer valid and useful information into the role of medical personnel during EIT. Also, given that many members of Guantnamo personnel have already spoken on

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the subject matter to the Associated Press, they may be more willing to speak to a researcher that can guarantee anonymity and privacy to their revelations. 2. Since obtrusive measures such as government documents will have to be relied upon for a portion of this research, the accuracy and validity of the information provided may only speak in favor of the U.S. government and not reveal violations of any matter. Therefore; official documents will be used as starting points while gathering data and may be used in reference to while speaking with participants in interviews. 3. Research subjects may deny participation due to fears of revealing selfincriminating evidence and confessions. However, the purpose of this study is not to prosecute or pursue any criminal charges against anyone involved, but to further understand the role of medical personnel involved in EIT and understand rationalizations the doctors used to violate medical ethics.

CONCLUSION

This explanatory research seeks to identify the phenomenon of medical personnel during wartimes and analyze their role at Guantnamo Bay, Cuba, a detention facility used by the United States to imprison and interrogate accused terrorists for reliable intelligence information regarding the national security of the U.S. Empirical research on the motives of doctor compliance in Guantnamo Bay is lacking in the field and research regarding the role of physicians in Guantnamo Bay could be used to formulate or modify current military and medical policies regarding doctors in times of war. Also, this piece of research may facilitate new training procedures for doctors prior to transfer to international detention facilities about proper medical procedure. Bloche, G. (2005). When Doctors Go to War. The New England Journal of Medicine, 352, 3-6. Chambliss,. D. & Schutt, R. (2007). Making Sense of the Social World: Methods of Investigation. 3rd ed. Pine Forge Press. Fink, S. (2009). Tortured Profession: Psychologists Warned of Abusive Interrogations, then Helped Craft them. ProPublica. Grodin,. M. & Annas, G. (2007). Physicians and Torture: Lessons From the Nazi Doctors. International Review of the Red Cross. Vol. 89.867. Lilly, J. et, al. (2007) Criminological Theory: Context and Consequences. California Sage Publication. Physicians for Human Rights. (2010). Experiments in Torture: Evidence of Human Subject Research and Experimentation in the Enhanced Interrogation Program. Sykes, G & Matza, D. (1957). Techniques of Neutralization: Theory of Delinquency. American Sociological Review. Vol. 22, pp. 664-670. World Medical Association. (2010). International Code of Medical Ethics. Retrieved from: http://www.wma.net/en/30publications/10policies/c8/index.html

REFERENCES

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International Criminal Justice 310

THE MOST EFFECTIVE METHODS OF INTERROGATION

____________________ DIANA RODRIGUEZ
ABSTRACT

This research proposes to explore the two main divisions in theory that currently exist with regard to methods of interrogation: those that propose traditional methods are most effective in producing actionable intelligence and those that propose coercive measures are best at eliciting intelligence. The researcher seeks to uncover the most effective methods of interrogation by interviewing those who know best: both American interrogators and suspects have been interrogated. The findings of this study have major political implications as it may potentially lead to policy changes with regards to the controversial coercive interrogation techniques that have been used by many countries in the international community.

INTRODUCTION

SINCE THE SEPTEMBER 11, 2001 TERRORIST ATTACKS, there has been renewed interest in terrorism within the United States. Prior to the attack, America was a symbol of power and strength, invincible and immune to the terrorist threat that was very real abroad. Then, for the first time, it became ingrained in the American publics consciousness that the United States is a vulnerable target. The media seized the opportunity to provide coverage of such a tragic and unfortunately landmark moment and continued to fan the flames of the terrorist panic. It can be argued that the public reaction that understandably ensued was a major contributing factor to the governments justification of the harsher interrogation techniques. These coercive interrogation techniques included, but were not limited to acts such as: waterboarding, sensory overload and/or deprivation, stress positions, withholding
The Assignment and the Writer: In ICJ310 (Foundations of Scholarship in International Criminal Justice) students write a research proposal as the main writing assignment for the course. They are asked to formulate a comparative or international research question and design a research project that would address that question, utilizing the knowledge and skills gained in the course. Diana Rodriguez chose a very challenging question: is torture effective in gaining useful intelligence? Diana wrote a well-argued, lucid proposal with honest limitations. -Professor Rosemary Barberet

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of necessities such as food and water, forced nudity, forced sexual acts, public shaming and other forms of physical or mental abuse on suspected terrorists. After the scandals at detention centers such as Guantanamo Bay, Abu Ghraib, and Bagram were revealed through leaks by the media, it was hotly debated whether such extreme forms of interrogation could ever be justified, and if it was even an effective method of information extraction as the American government proposed it was. Many researchers and politicians put forward the ticking time bomb theory insisting that coercive interrogation methods were The proposed study is unique in that it will effective, and that interanalyze the perspectives of interrogators as rogators must resort to well as those who have been interrogated whatever measures necesand integrate them into a much needed sary to elicit information that could possibly save comprehensive and realistic analysis of hundreds and thousands of lives. Other researchers have interrogation techniques. proposed that traditional methods of interrogation such as: building rapport with the suspect, providing incentives, bargaining, simple police tactics such as good cop, bad cop routines, convincing the suspect that interrogators know more than they actually do, etc. will yield a higher rate of successful results. It is also claimed by researchers that several instances in the past demonstrate that such harsh techniques cannot be relied upon to produce valid intelligence because the individual under extreme interrogation is likely to give unreliable or untrue information to make the pain cease. Both of these perspectives will be discussed in greater detail in the theory and literature review sections of this proposal. The proposed study will interview both individuals who have performed interrogations and individuals who have been interrogated. The aim of the researcher will be to examine the various interrogation methods and their effectiveness. The other objective is to ultimately discover which interrogation tactic(s), if any, will most consistently provide reliable intelligence. The proposed study is unique in that it will analyze the perspectives of interrogators as well as those who have been interrogated and integrate them into a much needed comprehensive and realistic analysis of interrogation techniques. The findings of this study will also provide a much needed clarification in the literature and understanding of interrogation methods in regards to the validity of the information extracted. It will also provide reliable information from the field rather than speculating or theorizing. The information gained in this study will be provided by individuals who have actively interrogated or have been interrogated using either traditional methods of interrogation or the harsher tactics described above. Although they are of utmost importance, the perspectives of these individuals are rarely considered outside of media sources of which it can be argued are of little to no importance to policy makers. Because of this, it is my hope that the findings of this study will have worldwide implications. The more that is understood about interrogation techniques and their effectiveness by individuals who had been actively involved on both sides of

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the interrogation, the better governments, namely the United States, can tailor their techniques to extract valid intelligence in a more productive, and actionable way.

LITERATURE REVIEW

Since the advent of organized warfare, it has always been a desire to obtain useful information from adversaries with the goal of gaining the upper hand and therefore emerging from the war victorious. There has been a clear and documented movement toward this type of behavior in governments seeking to obtain information about their enemies when they are at war, such as in the case of Communist China and Soviet Russia, both of which have experimented with various coercive interrogation techniques to elicit advantageous information from their prisoners (Fein, 2006). Throughout the 1950s and 1960s, the American government caught wind of such techniques and began to worry that they might be used on American prisoners of war. Therefore, during this time, they funded several research projects to learn how such techniques could be resisted. An example of this type of research is that which attempted to understand how the use of drugs (i.e. LSD), sensory deprivation, and physical abuse affects an individuals likelihood of confessing or producing intelligence, to therefore develop more reliable ways of resisting them. One such program was known as the MIS-Y Program where, during World War II, German detainees were selected prior to admission in the program to be sure they were likely to have useful intelligence. Each detainee was matched with an interrogator who was culturally competent and well-informed on the topic the subject was to be interrogated on (Kleinman, 2002). The detainees were also under constant surveillance. No coercive or harsh interrogation techniques were described as used on any of the detainees. The subjects in this experiment were surveilled and simply questioned. Interrogators were nevertheless able to acquire useful intelligence which was then promptly distributed to the proper organization. Another program, which was developed at the end of the Korean War, emphasized resisting harsh interrogation techniques. Its acronym is SERE, short for Survival, Evasion, Resistance and Escape programs (Fein, 2006). The above programs described were funded with the aim of understanding how interrogation techniques function and which methods were most effective in order to create tactics to effectively resist them. Since then, the American government has sporadically dabbled in research programs that study interrogation techniques. Such was the case during the Cold War, and currently, during the war on terror. Following the media leaks of the enhanced interrogation techniques the American government was using on detainees at Guantanamo Bay, Abu Ghraib, and Bagram, a heated debate arose with arguments both for and against such intense interrogation techniques. Proponents of the method argue that such coercive interrogation techniques are effective and have, in ex-President George W. Bushs own words, produced a wealth of actionable intelligence which has aided in the prevention of countless attacks (Benjamin, 2009). Supporters of such tough but legal interrogation methods also support the ticking time bomb theory, as it has been referred to. The theory argues that interrogation officials must use whatever means necessary to get irrational terrorists to confess where bombs that are about to detonate at any given moment are located (Janoff-Bulman, 2007). In other words,

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this argument posits that interrogators must use all resources at their disposal to obtain information that can save many lives. While ardent supporters of coercive interrogation exist, the bulk of the existent literature is in agreement that the use of coercive interrogation should cease. There are several lines of reasoning for this perspective. Some argue that it is never morally justifiable. The United States, as the bulwark of human rights, should set an example and in essence, practice what they preach (Bell, 2008). It is also argued by leading experts such as Ali Soufan, a former FBI agent with many years of interrogation under his belt that extreme methods of interrogation do not work. Instead, Tried and true methods such as [T]he bulk of the existent knowing detainees language, understanding his culture, leveraging information known about the literature is in agreement detainee, and sometimes a bit of [harmless] that the use of coercive trickery used by a skilled interrogator will more often than not yield fruitful results interrogation should cease. (Benjamin, 2009). Along the same note, it has also been argued that most terrorist plots have seldom reached an operational phase which renders the ticking time bomb theory obsolete. It is therefore, in most cases, usually not a critical matter of life and death as is so constantly portrayed (Buffacchi & Arrigo, 2006). Slowly, the literature has moved from the moral stance toward a more empirical argument. OMara (2009) has argued that intense interrogation techniques that involve physical and psychological harm may actually have negative repercussions. First, stress tactics that involve interrogators introducing phobic stimuli will only be effective in the short term, if even that. Eventually, a condition called flooding (which is likened to a form of cognitive behavioral therapy) will occur which makes the individual no longer afraid of the stimuli. OMaras breakthrough study also proposes that interrogation techniques that involve the use of physical stressors may have deleterious effects on the human brain, specifically in the loss of memory. He refers to waterboarding as an example where, upon studying several brain scans, he describes how steady decrease in oxygen levels in the brain coupled with feelings of breathlessness cause stress-induced changes in the brain which often have the capacity to compromise brain tissue responsible for memory and recollection (OMara, 2009). Other studies have systematically interviewed survivors of torture and analyzed their feedback. Research indicates that psychological stressors cannot be easily distinguished from physical torture in terms of their psychological impact (Livanou et al., 2007). This is important to note as responses of research subjects did not differ greatly when interviewed about various interrogation techniques and their effects. The aforementioned findings may suggest that such interrogation techniques might not be as effective as they are currently believed to be because subjects overall did not perceive physical torture to be any worse than mental torture. To them, torture was torture plain and simple. With the exception of the work done by Martha Huggins (2002) where she interviews Brazilian police men who have used coercive interrogation techniques with the hopes of understanding both their motives and their perspectives, almost no literature exists in which researchers attempt to discover why authorities use such

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interrogation techniques. Huggins found that many of the justifications used by those she interviewed, such as denial of responsibility and the expression of its necessity, or present in the statements of the American government during the War on Terror (Huggins et. al, 2002). Considering what a widely used practice coercive interrogation is, it is quite surprising that to date, no studies have been done where the effectiveness of such interrogation techniques are analyzed and assessed.

DESCRIPTION OF THE PROPOSED STUDY

As has been noted, with respect to interrogation in existing literature, scopes of analysis tend to focus on morality related arguments. Specifically, either the issue of whether coercive interrogation can ever be justified versus the argument of precisely why it should be justified are the most prominent in the literature on interrogation. While both of these arguments deserve recognition, no research has been done to date which moves away from largely unsupported opinions and attempts to discover which types of interrogation techniques in actuality prove to be the most effective. Therefore, arguments have been largely based on moral viewpoints or unsupported assertions that are not based on empirical data (i.e. ticking time bomb argument), and isolated case studies. The proposed study will aim to fill such gaps in the literature by performing an evaluative study on American interrogation policies: both traditional methods and those that are more extreme. Such testing will be done by systematically collecting data to test the existing theories (i.e. the argument that coercive interrogation is effective and the argument that traditional methods are most effective) to ultimately uncover which type of interrogation is most effective in producing truthful, actionable intelligence. Subjects will include American interrogators that have either used traditional methods or have used more extreme tactics post- 9/11 who are currently based in the continental United States. Persons who have been interrogated by the American government will also be included in the sample. It is of utmost importance that both interrogators and those who have been interrogated be included in the study as perceptions of each group may be drastically different, and therefore must be included in the study for analysis. Subjects who have agreed to participate in the study will be interviewed in-depth. During such tape-recorded sessions, questions on interrogation experience, methods used, and what methods directly led to receiving truthful, actionable intelligence, if any, will be asked. This study will also be innovative in its field as knowledge of public opinion of interrogation and acceptable and/or sanctioned methods will also be discussed. The researcher expects that this is an important factor to test for as it will determine to what extent the subjects perception of public opinion affects their view of how well certain interrogation techniques worked. Overall, this proposed research will not only contribute new and insightful information to the existent literature, it will include narratives and data from both sides of the story. That is, both those who have interrogated and those that have been interrogated. Without both perspectives, the findings of the study may be seriously lacking.

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THEORY

This research is unique in that its design allows for the empirical testing of multiple theories that exist in the literature through conducting interviews to uncover patterns about interrogation techniques. It will analyze two main theories currently found in coercive interrogation literature: the theory that proposes traditional methods of interrogation are most effective and the theory that states coercive interrogation is most effective. The goal of the research is to test existing theories to discover which of them is ultimately true. It must be noted that currently, little empirical research exists to test such theories though research, as discussed in the literature review, is slowly moving toward a more scientific and empirical trend. Before proposed methods are discussed however, it is necessary to delve deeper into both theories to better understand their foundations. The first main umbrella theory is that of researchers who believe coercive interrogation techniques are the most effective and must be used to interrogate terrorist suspects in order to preserve national security. Under this main theory, there are several lines of reasoning that fall into this category. First, a harm minimization rationale is used to justify the theory that coercive interrogation is effective (Bagaric & Clarke 2005). The idea of a ticking time bomb falls into this idea of harm minimization which details that coercive interrogation is beneficial and necessary to extract intelligence that has the potential to save countless lives. It builds off of the notion that while harm may be inflicted on one individual (coercive interrogation), beneficence is maintained as the benefits (saving countless lives, gaining sought after intelligence) outweigh the harm. This idea has been constantly referred to by the American government, namely George W. Bush and Donald Rumsfeld (Benjamin, 2009). Though this theory may be correct, there is a lack of empirical data to bolster this claim which cannot be ignored. Another subcategory of the body of research that champions coercive interrogation is those who believe that coercive interrogation must be used because terrorists are more than hardened criminals who have been trained to resist more traditional methods of interrogation and the gentler forms of interrogation (Saccone, 2008). What is interesting to note is that proponents of coercive interrogation are not limited to researchers but also include ex-interrogators (as in the case with the above-referenced). Specifically, it is argued that organizations such as Al Qaeda extensively train jihadis to resist techniques such as waterboarding and sensory deprivation. Therefore, in order to extract valuable intelligence, interrogators should resort to the most coercive methods that the suspected terrorists will have difficulty resisting. The second main umbrella theory is that of researchers who believe coerced interrogation is by no means effective. Though there are many legal and moral objections to this type of investigation, such arguments will not be considered as they are beyond the scope of this study. Under the second main theory, it is first, argued that coerced interrogation will not work because terrorists have been trained to resist such techniques. Therefore, using such interrogation techniques is viewed as ineffective, and wasteful of time and precious resources. Instead, interrogators receive inconceivable amounts of information which is highly likely to be unreliable and leads to a wild goose chase. Instead, through the use of more effective forms of

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interrogation, intelligence officials can use the more reliable information appropriately and an effectively follow up on leads provided. Such an argument has been scientifically proven by Shane OMara who found that after a prolonged period of exposure, the individual interrogated becomes desensitized to the harsh techniques being used by interrogators (2009). Others within this theory argue that coercive interrogation techniques may not yield fruitful information as the individual under duress will say whatever it takes to make the interrogation cease (Porter & Hirsh, 2010). It is also proposed that coercive interrogation only works to make the suspect uncooperative. Amnesty International argues that: It is quite possible that if those detained had been skillfully interrogated by methods which do not involve the use of physical ill-treatment, or the threat that it might be used, the amount of reliable information obtained might have been even greater (Rumney& OBoyle, 2007). This theory is coupled with those that believe traditional methods of interrogation, such as leading the suspect to believe that the interrogator knows more than he actually does may be enough to get the suspect to talk. At least one case, that of FBI interrogator Ali Soufan, demonstrates how traditional interrogation such as rapport-building is much more effective than coercive interrogation (Benjamin, 2009). Lastly, and perhaps most compelling, is the Army Field Manual on Interrogation. It encourages the use of techniques such as building rapport through, offering realistic incentives, feigning similar experience, showing concern for the source, helping the source rationalize guilt, showing kindness and understanding, exonerate the source, flattery (Department of the Army, 1992). The following methods section will describe how during the interviews, both theories will be analyzed and tested.

METHODS

RESEARCH DESIGN

The nature of the proposed study is to evaluate the United States interrogation policies: both traditional methods and those that have been deemed coercive or tough in order to determine which policies employed after 9/11 are most effective. Though the study will analyze policies that are currently in use, it will cover events that have already happened and will therefore contain retrospective elements. For this reason, neither an experimental nor quasi-experimental study would be appropriate as it implies that subjects would have to either witness or perform the various interrogation techniques to then determine which methods are the most effective. Such an experiment would not be feasible due to ethical implications and for the technical fact that subjects being interrogated may not possess any useful intelligence, therefore results would prove non-comparable. A longitudinal design would also be inappropriate as the focus of the study is to determine which methods are the most effective by questioning those that have actually conducted such interrogations. Their answers will not change about events that have already taken place. Therefore, the research design that makes the most sense is a cross-sectional design. The researcher will only acquire information from participants at one point in time. This method is appropriate in that it will suit the research questions needs.

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HYPOTHESIS/RESEARCH QUESTION

The objective of this study is to evaluate the United States various interrogation policies to discover which interrogation techniques, or combination thereof ultimately proves most effective. The overarching goal is to let the findings speak for themselves, and not to insert any personal biases into this explanatory study. The study will be conducted in interview form which will have a set of guiding questions to be answered. The questions are as follows: (1) Does traditional interrogation work? Why or why not? (2) Does coercive interrogation work? Why or why not? (3) What evidence is being used to support convictions (personal, factual)? The above set of questions will be answered through carefully controlled, systematic research that will be a mix of both qualitative and quantitative research, the former being the largest component of the proposed study.

MEASUREMENT ISSUES

The key variables will be the interrogation techniques (traditional or coercive), the types of officials imposing them (law enforcement, government officials), and the individual who had undergone the interrogation, if available. The dependent variable will then be the usefulness of the evidence gathered. The variables in the study will be clearly defined and measured using a variety of techniques which will consist of interviews whose answers will later be coded and interpreted using various scales. First, it is essential to clarify that interrogators will be operationally defined by their official rank (eg. FBI agent, CIA agent, police officer). Those who have been interrogated will be operationally defined as such. It is also crucial that each category of interrogation be defined by a set of actions (as outlined in the introduction), as words such as traditional or coercive are, on their own, vague and can be construed in many different ways. Lack of clear definitions in this segment of the study could result in serious validity and reliability problems. It is also likely that what participants mean, which is central to the study, will not be interpreted correctly by the researcher. As this study is very unlike the studies already in existence, scales from similar yet relevant studies will be used to quantitatively measure participant responses. In this sense, they will duplicate methods that have already been tested by various researchers increasing both validity and reliability of the measures. A measurement issue likely to be encountered is the variety of languages the subjects who have been interrogated are likely to speak, which are not English or Spanish. For these cases, a culturally competent translator will have to be included in the study. The acquired data will also have to be translated into a language in which the researcher is fluent. As previously described, the samples will be drawn from American law enforcement and governmental officials that have engaged in interrogating detainees

SUBJECTS FOR THE STUDY

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suspected of being terrorists or having ties with terrorists, as well as those who have been interrogated. Due to the limited nature of such samples, they will not be selected randomly. Instead they will be selected using availability sampling as it is important to the purposes of this study that as many participants as possible be included for greater generalizability purposes. First, the researcher will systematically search open sources for such individuals who have already spoken to media sources. Next, a list will be composed of such officials who will be contacted, such as former FBI interrogator Ali Soufan who is constantly referred to in news articles. Preliminary searches have led to an estimate that there will be a total of 40 individuals contacted. Then, those individuals will be contacted directly and invited to participate in the study. It is both the hope and the expectation of the researcher that the initial sample will increase with the use of snowball sampling as both interrogators and those who have been interrogated are likely to be able to refer other individuals to the researcher. It should also be made clear that for the sake of consistency, none of the subjects will be compensated. With any human subjects, there is a possibility that the research conducted will have an impact on the participant. The researcher will take the utmost care in ensuring that the subjects are not harmed. First, the voluntary nature of the research will be stressed. Second, confidentiality will be ensured. While face-to-face interviews do not offer the option of complete anonymity, the researcher can take great care in changing the actual names of the real subjects when referring to them in notes, etc., and always taking great care that any identifying information is kept in a secure area with limited access. This way, any information provided to the researcher will not damage or jeopardize the physical or psychological safety of the participant. It is also understood by the researcher that subjects may not want to perform a face-to-face interview, which may also become quite costly depending on the sample size and therefore, telephone interviews can be offered to hesitant subjects with the understanding that the interview will be lengthy. Lastly, the questions used in the interviews will be carefully constructed and will be refined during arduous peer review to minimize psychological harm, specifically to those that have been traumatized as a result of coercive interrogation. At the end of the interview, participants will be provided with contact information of several mental health professionals. As both interrogators and those who have been interrogated will be included in this study, as well as both traditional and coercive interrogation techniques, the researcher expects the result to have a fair rate of generalizability. The interrogators will all be American, but both the types of interrogation techniques and the logic behind them are, as proven in the literature review, not unique. Furthermore, those interrogated belong to the international community and are not exclusively American. It is expected that the results generated from this study can serve as a model for any nation whose government or law enforcement body interrogates suspects.

DATA COLLECTION METHODS

The data will be obtained using recorded intensive interviews, either in person or by telephone. As many subjects may become hesitant to participate in recorded interviews, the option of using a voice changer that does not affect the

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sound quality of the participants voice will be offered. This way, the subject will feel more confident to relay truthful information without the fear that if the tape fell into the wrong hands, their voice could be identified. Also, the tapes will be labeled with a number that corresponds with the subjects name, which further reduces the likelihood of identification. This method of data collection is preferred above the other forms as the researcher can conduct specific questions in advance and receive the detailed answers that are required to answer such a complex research question. Surveys do not provide explanations that are crucial to the study and while extremely useful in other forms of research, are not sufficient in this instance. It is important that the researcher be able to ask the subject to clarify certain answers and to elaborate. It is also a possibility that participants will hesitate to put truthful answers in writing. Even if this were not the case, the answers will be complex, rich, and likely to be lengthy narratives whose quality simply cannot be translated in survey form. Some interviews may require the use of a translator. As the subject matter is quite complex and interviews lengthy, the study budget will be balanced between travel and translator fees.

DATA/DATA MANAGEMENT

The data will be both qualitative and quantitative. First, the researcher will conduct face-to-face or telephone interviews which will be recorded. The data will then be transcribed by the researcher from the recording at the end of each session. It is also possible that some of the sessions that were aided by a translator may need to be transcribed by the translator. The taped sessions will provide an organized an accessible means for the researcher to access the data after interviews have been conducted. This also relieves the onus of trying to recall what has been said through jottings, and forgetting what may be many important details. It is also overwhelming to attempt to keep track of various notes and keeping them organized. After the interviews are complete, the researcher will then proceed to code the data in order to generate several charts and statistical analyses. While the studys primary focus will be on qualitative data, the study can benefit from the conversion of responses to quantitative data. As an example, the researcher can calculate the frequency with of which certain responses are given in order to present them in a clear and more palatable form, which may otherwise be lost in lengthy, rich narratives. Providing long narratives, while interesting, runs the risk of the reader or even the researcher becoming lost in its denseness and complexity. Providing some quantitative data not only presents the data in an easy to understand format, it also facilitates availability and accessibility of findings for comparison purposes. Making use of quantitative data will also help organize and put into perspective data from a potentially large group and will possibly uncover important similarities or differences among variables (i.e. types of interrogation techniques, category of participant) that may have otherwise not been uncovered using only qualitative analysis. After the intensive interviews are conducted, the researcher will then document the interview and analyze the sessions using a variety of steps. First, the researcher will simply read the transcribed sessions. Then, they will read them a

ANALYSIS

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second time using a more analytic frame. At this point, the researcher will begin to look for frames and themes in the participants answers. In other words, are there any recurring trends or patterns that the researcher should note and further investigate? Lastly, as mentioned, the researcher will code the data and prepare it for quantitative analysis using the NVIVO program. This will be done by separating variables first by type of respondent (interrogator, interrogated) and then coding responses for each question by composing answers into categories and assigning numbers to each category answer. This data will then be translated into quantitative data using the SPSS program. Both the qualitative and quantitative data will be presented in the final product of the research.

ETHICAL CONCERNS

The sensitive nature of both the topic of research (interrogation methods) as well as the potentially sensitive positions/identities of participants present with several ethical concerns, have been addressed by the researcher as follows. First, subjects will be asked to sign a detailed consent form where the studys objectives will be outlined as well as what is to be expected from the study. The subjects will be informed that their participation in the study is voluntary and that they can withdraw at any time at no penalty. Also, participants will be informed that all their answers will be confidential and that there will be no identifying information as names of subjects will be changed. The researcher will also have to ensure that the consent form is adequately written in a language the potential participant understands. As the study is being conducted, the researcher will take steps to make sure that any identifying factors are kept in a secure location with monitored and limited access by approved staff members for only specifically approved reasons. The interviews will be conducted in only safe locations where the participant feels comfortable such as the researchers private official office. The types of questions that will be asked in the study will also be constructed in such a way that minimizes trauma and impact on the subject. Sensitive questions will only be asked out of absolute necessity to be agreed upon by the researcher and peer reviewers. At the end of the participants interview, contact information to several mental health professionals will also be provided. While this study has the potential for strong generalizability, it has a few limitations. First, the subjects may be hard to access. This applies for both the interrogators and the interrogated. Specifically, the interrogators may have secrecy obligations and for this reason may not want to participate in the study. Those who have been interrogated may not want to discuss their experiences or may be afraid to do so. Language barriers may also present some difficulties. As this study proposes the use of some face-to-face interviews, accessibility to the researcher or the researcher to the subject may present some obstacles. During the interviews, some subjects may not be truthful for any number of reasons. Also, basing research on events recalled may have some question of accuracy, although it is expected that for the purposes of this research, the general ideas such as interrogation techniques used

LIMITATIONS

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in a particular instance are much more likely to be remembered then small, insignificant details. Lastly, although the researcher would be inclined to disagree, some may argue that the American interrogation policies are unique to the War on Terror and so should not be used to generalize to the global community.

CONCLUSION

This proposed study is revolutionary for a number of reasons. First, it is pioneering in the growing body of literature in that it is not simply a meta-analysis or an elaborate statement of theory. This study will involve speaking to individuals who have had actual experiences with post 9/11 interrogation and will gain a very complete data set in that it will incorporate information gained from interrogators who have used both traditional and coercive interrogation as well as those to whom these tactics have been applied. It will not involve techniques that raise ethical questions in order to discover which interrogation techniques work best. Instead, it will speak to those whose professions involve interrogation as well as those who have been interrogated. These individuals will be assured absolute confidentiality and are therefore much likely to be truthful during the interviews. It is essential that such a study be conducted in order to assure that the United States government be kept well informed about which interrogation policies work and which ones should be retired as it would significantly aid intelligence gathering. Such a study will also work toward the American goal of increased homeland security, protection of the American people, and move away from erratic policy making and toward knowledgeable, carefully chosen policies that have been shown to elicit actionable intelligence by individuals who are not only well-informed but quite experienced in this body of knowledge.

Bagaric, M., & Clarke, J. (2005). Not enough official torture in the world? the circumstances in which torture is morally justifiable. University of San Francisco law review, 39(3), 581-616. Bell, J. (2008). Behind this mortal bone: The (in)effectiveness of torture. Legal Studies Research Paper Series, 83:000, 1-22. Benjamin, M. (2009, May 14). Soufan: Cia torture actually hindered our intelligence gathering. Salon, retrieved from http://www.salon.com/news/feature/2009/05/14/torture Bufacchi, V., & Arrigo, J.M. (2006). Torture, terrorism and the state: A refutation of the ticking time bomb argument. Journal of Applied Philosophy, 23(3), 355-373. Department of the Army, Initials. United States Army, Headquarters. (1992). Field manual on interrogation 34-52 Washington DC: Retrieved from www.fas.org/irp/doddir/army/fm34-52.pdf Fein, R.A. (2006). U.S. experience and research in educing information: A brief history. Educing Information: Interrogation: Science and Art, xi-xiii.

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Huggins, M.K., Haritos-Fatouros, M., & Zimbardo, P.G. (2002). Violence workers: Police torturers and murderers reconstruct brazilian atrocities . Berkley, CA: University of California Press. Janoff-Bulman, R. (2007). Erroneous assumptions: Popular belief in the effectiveness of torture interrogation. Peace and Conflict: Journal of Peace Psychology, 13(4), 429-435. Kleinman, S.M. (2002, August). The history of mis-y: U.s. strategic interrogation during world war ii. pp. 1-145. Livanou, M., Basoglu, M., & Crnobaric, C. (2007). Torture vs other cruel, inhuman, and degrading treatment. ARchives of General Psychiatry, 64(3), 227-285. O'Mara, S. (2009). Torturing the brain: on the folk psychology and folk neurobiology motivating 'enhanced and coercive interrogation techniques'. Trends in Cognitive Sciences, 13(12), 497-500. Porter, H., & Hirsh, A. (2010, February 15). Pro-torture, anti-civilisation. The Guardian. Rumney, P., & O'Boyle, M. (2007). Should we torture terrorist suspects?. New Law Journal, 157(7296). Saccone, R. (2008). Unseen war in iraq: insurgents in the shadows. Elizabeth, NJ: Hollym International Corp.

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Humanities and Justice Studies 310

THE DIFFICULTIES OF ESTABLISHING RAPE IN QING CHINA

____________________ ANU JASWAL

DURING THE QING PERIOD (1644-1911), FEMALE CHASTITY WAS PRIZED ABOVE ALL ELSE. A woman had value primarily as part of her husbands family. Women were expected to uphold family honor and Confucian virtues. There was no conception of a woman as a human being with independent legal standing. Qing China was an extremely legalistic society (as demonstrated by centuries of written law culminating in the Qing Code), but it devalued law in comparison with Confucian virtue. This perspective only began to change in the Republican era (1912-1949) when China began to be influenced by western notions of law, which defined women as legal persons. The change from Confucian ideas of law to a more modern concept of law is illustrated by the change in rape and adultery laws from the Qing to Republican periods.
The Assignment and the Writer: Anu Jaswal's essay, comparing the legal standards for establishing rape under the laws of Qing (1644-1911) and Republican China (1912-1949), is a fine example of scholarship in the new field of Literature and the Law, even though she wrote it for the Chinese justice portion of my HJS 310 class. In assessing the impact of changing criminal codes on actual rape cases, Ms. Jaswal correlated shifting views of criminality with the conflicting philosophical perspectives of Confucianism and westernization. In her beautifully nuanced essay, the theoretical is given human expression through literary examples drawn from a Qing dynasty novella of manners, a manual for magistrates, and a memoir of life in China at the turn of the century. Professor Toy-Fung Tung

_______________________

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Chinas advocacy of female sexual repression during the Qing period is unique because promiscuous behavior by women was codified as a crime under the Qing Code. Males were free to keep concubines, but women were condemned if they were unvirtuous. Women were expected, by social norms, to maintain their virginity until marriage, and afterwards, to remain passive and obedient. In the memoir Bound Feet and Western Dress, which takes place at the end of the Qing dynasty and the beginning of the Republican era, Yu-I describes the night that her marriage was consummated: One servant pulled back the bedcovers [Qing] China offered little or no comfort to and laid out a piece of white silk in women who were victims of rape or who the middle of the bed. I would have were seeking divorce, or remarriage after to display proof of my virginity on this cloth the following morning, becoming widows. my cousin had told me.1 Yu-I was raised in a household that stressed Chinese customs and values. Clearly, a womans chastity was held in high regard and the government issued awards for extraordinary virtue to the chaste and filial to provide exemplars for the moral cultivation of their subjects.2 In traditional China, the parents of an unmarried woman were responsible for ensuring her abstinence until she was married. Upon entering her marital life, the womans husband had to bear the responsibility for her chastity. In a late-Qing novella, Marriage as Retribution, the Qing law is factually displayed in an episode in which a male character is punished with twenty strokes of the heavy bamboo for failing to control his wife and being ignorant about her illicit affair with her employer. Given the emphasis on chastity, women were inevitably forced to live arduous and restricted lives in which they had to suppress their sexual desires. For example, China offered little or no comfort to women who were victims of rape or who were seeking divorce, or remarriage after becoming widows. Ng writes, Women were expected to be chaste even after being widowed, and widow remarriage was fiercely opposed by Neo-Confucian moralists.3 Widows in Qing China often committed suicide because of the burdens imposed on them.4 Chinas culturally embedded notions of female chastity resulted in stringent rape laws under which rape was very difficult to prove. These rape laws created troublesome circumstances for women who were legitimate victims. The rape laws enacted during the Qing period were most unreasonable. Instead of having sympathy for a womans situation, lawmakers invoked social suspicions and demanded proof of rape from women who had been victimized and traumatized. One can understand the governments attempt to prevent false accusations, which were on the rise, but these laws did not help women who were in fact victims of rape. The clauses in the rape laws seem to have made it easier for assailants to go unpunished since the burden of proof was on the woman. Vivien Ng examines the new definition of rape in 1646 and explains how rape was viewed in relation to the high value of maintaining ones chastity: Is it possible that the main thrust of the new rape law was actually to ensure that women in Qing China would forcefully defend their chastity, even if it meant giving up their lives? Such an

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interpretation, of course, would make the Qing rape law both misogynic and sadistic, but so was the cult of chastity. It is a small matter to starve to death, but a serious matter to lose ones virtue was only one of the many aphorisms used to indoctrinate young women in Qing China.5 Ngs comments elucidate the responsibility that women bore regarding rape. In promoting female pureness, the government required a woman to prove that she protected her honor in every way possible. Women were liable for producing hardcore evidence of their struggle against their assailants, and they were sometimes even accused of wanting to have sexual intercourse with the male victimizer. This attitude towards rape victims is also ingrained in western culture, as the famous example of Lucretia illustrates. Unable to preserve her chastity, Lucretia decided to commit suicide after being raped by an acquaintance of her husbands. Her story is thought to be fictional, but it is in no way unrealistic since women have been in Lucretias situation in many cultures. Rather than facing public humiliation, women in China preferred death since they assumed that in death their families honor would not be tarnished. Sometimes victims of rape felt as if they were to blame for the incident. Philip C.C. Huang explains the legal impediments that women faced in attempting to prove rape: With illicit sex, however, the line between forced rape, qiangjian, and consenting to illicit sex, hejian, was much harder to establish. Perhaps for that reason, women could find themselves subjected to demands to prove their virtue or else be suspected of complicity.6 Huang explains that the issue here was assessing whether or not the sex was consensual. In making such severe rape laws, the legislators considered whether a female would enjoy the sex with her assailant.7 Ng maintains that illicit sex becomes consensual when initially violence had been used, but subsequently the woman had submitted voluntarily to the act, the case was not considered rape . . . in which case the woman would be subject to punishment [for illicit sex].8 The lawmakers concluded that although a woman originally opposes the forced sexual encounter, she can later begin to enjoy it, and thus it becomes consensualand a crime punishable for the woman. Ng notes that a womans failure to defend her chastity vigorously was in effect made a punishable offense.9 Ng underscores that the guilt of rape would be shifted to the woman if she were suspected of illicit consensual intercourse. The French term cherchez la femme (look for the woman) suggests that women are the source of all trouble. This term seems to apply to the predicament of women in China since the bulk of the blame for rape was always imposed on them. Men could entertain themselves with as many women as they pleased, but women had to suppress their feminine lusts. If married women were caught having an affair, they had to suffer the consequenceseither pay with their lives or get beaten by the bamboo. To establish a case of rape, a woman had to demonstrate that she fought off her assailant during the whole incident.10 Struggling to obstruct the male attacker is impossible if the woman is subdued, however. Article 366 in chapter 19 of The Great Qing Code states, [f]or a finding of forcible fornication, it is necessary that there be such force that the woman could not break away, also that others have

JOHN JAYS FINEST 103

known [of the act] or heard [a cry], or that there be injuries to the skin or the body, or a tearing of the clothes.11 Would a person rape a woman with witnesses around? Rarely, if ever, would a rapist do his deed with someone nearby, but would instead bring the woman to a secluded area. Huang, a Qing magistrate, With increased government support of however, concluded the contrary: But if a woman is chaste and female chastity, Chinese women knew of decisive and prefers to die rather the mortification they would ultimately than be ravished, she will yell in suffer in a society that cherished pureness. spite of gagging. Would no one in the neighborhood come to her Most chose suicide instead. rescue when they heard her yelling for help?12 Magistrate Huang was demand-ing too high a level of commitment to chastity from women. There is obviously a limit to how far a woman can go to protect herself from an attack. No wonder women were under such pressure, since officials from the Qing period themselves had a mode of thinking which was not compassionate towards women. Because a victims clothes are not torn, this does not necessarily mean that she was not raped. The Qing Code levels of proof clearly made rape nearly impossible to establish for women. Obviously, women did not have control over whether there would be witnesses around or whether the assailant would hurt them or tear their clothes during the ordeal, so these requirements should not have been the criteria for establishing a case of rape. Ng writes: It is also significant that, for a woman to be honored, she had to be dead. Women who survived their ordeal were utterly disgraced.13 With increased government support of female chastity, Chinese women knew of the mortification they would ultimately suffer in a society that cherished pureness. Most chose suicide instead. Aside from firmly believing in female chastity, legislators in the Qing period were inspired to introduce rigorous clauses in the rape laws for a number of other reasons. Firstly, officials were attempting reduce the surge in false accusationsas people in China were constantly framing one another for a multitude of crimes. In Law in Imperial China, Derk Bodde and Clarence Morris present 190 legal cases from the Qing dynasty. Case 168.1, for instance, involves one person killing a child and leaving his corpse on a neighbors front door to accuse him of a freshly committed crime.14 In Marriage as Retribution, Chen-ko, a prostitute, falsely accuses the wife of her lover Chao-Yuan of sleeping around with a monk.15 Clearly, false accusations were not uncommon in China. Indeed, fabricated allegations were so widespread that the government had to do everything in its power to reduce them. Secondly, the Manchus of the Qing dynasty, who had recently conquered China, did not want false charges of rape against them to affect their efforts to rule the Chinese, and so they intentionally created tough laws.16 Finally, as Ng explains, the Chinese held superstitious beliefs which may have further stimulated the Manchus decision to construct severe rape laws: The rape law of 1646 reflected Chinese attitudes toward female sexuality. As most other patriarchal societies, the Chinese held (and upheld) a two-sided archetype of women. One side was the chaste virgin/widow; the flip side, however, was that of the temptress, the fox-spirit.17 The Chinese fear of the fox-spirit is clearly depicted in

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an episode of Marriage as Retribution. Here, a fox fairy transforms into an attractive woman and attempts to lure the immoral Chao-Yuan into a trap.18 So, there was fear amongst Chinese men of such women, known for seducing men and causing trouble for them. These factors do not, of course, justify the Qing legislators decision to implement such severe rape laws. Beginning in 1912, the Republic of China introduced some drastic changes within Chinese rape statutes. Significantly favorable to women, these new Guomingdang laws replaced Qing laws. Huang notes that [i]n contrast to the Qing code, Guomindang law rejected the hierarchical relations in favor of the equality of all citizens before the law. As a natural person, a woman possessed the same rights and obligations as a man. 19Undoubtedly, this change in laws was life altering since women were initially oppressed and held subordinate roles to men. Some Confucian principles were based on giving men higher status and responsibility as opposed to women. However, these Confucian principles seem to have less importance at the start of the Republic. Article 234 of chapter 16 in The Criminal Code of the Republic of China states that whoever by threats or violence, by administering drugs, by inducing hypnosis, or by any other means rendering resistance impossible has carnal knowledge of a female person out of wedlock, is said to commit rape, and shall be punished with imprisonment for a period of not less than seven years.20 Strongly defending ones chastity in cases of rape was clearly no longer a requirement for women. Tanner notes that resistance was not mentioned as an essential element in making a determination in rape.21 Whereas struggle had been the core aspect of establishing rape in the Qing rape laws, the criminal laws in the Republic of China seem to have made life much easier for a woman by lessening the rigidity of the former rape laws. Unlike the Qing Code, the Guomingdang laws did not prohibit prostitution. The notion of female chastity in the Qing period seems to have utterly faded away during the Republic. Completely detested by Qing legislators, female immoral and promiscuous behavior was no longer considered a crime by lawmakers in the Republic. This change affected widows also. Huang illuminates the advantages gained by widows in the Republic: It [Guomingdang law] discarded the Qing codes stricture, on grounds of chastity, against compelling widows to remarry [or not] against their will. Chastity was no longer an ideal upheld by the state. And since a widow now had the right to determine her own fate, there was no need to protect the little agency that Qing law had granted her.22 Ironically, under the Qing Code, the government did not want widows to remarry (cult of chastity), but their husbands families pressured them to remarry, because then they would lose their dowries, as well as control of their dead husbands wealth. Clearly, views of female chastity were significantly altered in Republican China. While Qing legislators were partial to the promiscuous behavior of married men, Guomingdang law made adultery punishable for both men and women.23 With the start of the new Republican era, women in China were relieved from the burdens of an imperial society that had repressed female sexual desires and freedom of sexual choice. This change in social values from Qing China to the Republic of China could not have possibly occurred without the influence of western ideas. Robert Marsh, in refuting Max Webers claim that Chinese law was substantively irrational, argues instead that Qing law was substantively rational:

JOHN JAYS FINEST 105

The general principles upon which Chinese legal decisions were based were drawn from Confucian and legalist philosophies, which though extrinsic to purely legal reasoning, precisely fit Webers definition of substantively rational law.24 In old China, Confucian values were the basis of substantively rational laws. These values, however, began to change in the Republican period. As shown by the new rape and adultery laws which put men and women on an equal legal footing, the Republic of China was firmly stepping away from Confucian virtues and moving towards a more modern view of both law and female sexuality.

Pang-Mei Natasha Chang, Bound Feet and Western Dress (New York: Anchor Books, 1997) 81. 2 Janet Theiss, Disgraceful Matters: The Politics of Chastity in Eighteenth-Century China (California: University of California Press, 2004) 25. 3 Vivien Ng, Ideology and Sexuality: Rape Laws in Qing China, The Journal of Asian Studies 46.1 (1987): 60. 4 Ng 60. 5 Id. 6 Philip C.C. Huang, Womens Choices under the Law: Marriage, Divorce, and Illicit Sex in the Qing and the Republic, Modern China 27.1 (2001): 24-25. 7 Ng 64. 8 Ng 58. 9 Ng 64. 10 Ng 58. 11 William Jones, trans., The Great Qing Code (New York: Oxford University Press, 1994) 347. 12 Ng 61. 13 Ng 66. 14 Derk Bodde and Clarence Morris, Law in Imperial China (Philadelphia: University of Pennsylvania Press, 1973) 314. 15 Chi-chen Wang, trans., Marriage as Retribution (Hong Kong: The Chinese University Press, 1984) 71. 16 Ng 58. 17 Ng 64. 18 Wang 53. 19 Huang 28. 20 The Criminal Code of the Republic of China (Peking: The Law Codification Commission, 1919) 79. 21 Harold Tanner, Chinese Rape Law in Comparative Perspective, The Australian Journal of Chinese Affairs 31 (1994): 3. 22 Huang 30-31. 23 Huang 44. 24 Robert Marsh, Webers Misunderstanding of Traditional Chinese Law, The American Journal of Sociology, 106.2 (2000): 298. Weber claimed that western law was formally rational, in contrast to eastern law, which he considered formally irrational.

ENDNOTES
1

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Anonymous. Marriage as Retribution. Trans. Chi-chen Wang. Hong Kong: The Chinese University Press, 1984. Bodde, Derk, and Clarence Morris. Law in Imperial China. Philadelphia: University of Pennsylvania Press, 1973. Chang, Pang-Mei. Bound Feet and Western Dress. New York: Anchor Books, 1997. The Criminal Code of the Republic of China. Peking: The Law Codification Commission, 1919. 17 January 2011 <http://www.archive.org/download/ cu31924077027237/cu31924077027237.pdf >. Huang, Philip C.C. Womens Choices under the Law: Marriage, Divorce, and Illicit Sex in the Qing and the Republic. Modern China 27.1 (2001): 3-58. Jones, William, trans. The Great Qing Code. New York: Oxford University Press, 1994. Marsh, Robert. Webers Misunderstanding of Traditional Chinese Law. The American Journal of Sociology 106.2 (2000): 281-302. Ng, Vivien. Ideology and Sexuality: Rape Laws in Qing China. The Journal of Asian Studies 46.1 (1987): 57-70. Tanner, Harold. Chinese Rape Law in Comparative Perspective. The Australian Journal of Chinese Affairs 31 (1994): 1-23. Theiss, Janet. Disgraceful Matters: The Politics of Chastity in Eighteenth-Century China. California: University of California Press, 2004.

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Humanities and Justice Studies 310

THE GREY LADY OF BAGRAM

____________________ MARINA LEYBISHKIS

The very raison dtre of the creation of Jamaat-e-Islami is to change to all of human life ranging from thought and outlook, faith, religion, morality, personality and character, education and training, civilization and culture, civics and society, economic and politics, law, war and peace and extending to international relations, in the light of guidance handed down to human beings, from first to the last of the Prophets Muhammad (PBUH). Philosophy of Jamaat-e-Islami

AL-JAZEERA, THE ENGLISH LANGUAGE ARABIC NEWS SERVICE, now called the Center for Cross Cultural Understanding, portrays Aafia Siddiqui, an MIT and Brandeis-educated neuroscientist, as a victim of American duplicity and racial intolerance. Siddiqui was convicted in February 2010, in Manhattan, on two counts of attempted murder, armed assault, and three counts of assault on United States intelligence and military operatives at the Ghazni province Afghan National Police headquarters, Ghazni, Afghanistan, on July 19, 2008 (Walsh, 2009). _________________________
The Assignment and the Writer: HJS 310: Justice in the Non-Western Tradition. For this essay Marina elected to write on the complex and mysterious case of Aafia Siddiqui. In the class, which examined the notion of justice at the intersection of the Western and Muslim worlds, we followed contemporary events which could provide insight into areas of tension relating to justice, in particular between the West and Pakistan. We followed developments in the Siddiqui case as it came to trial in New York City, and studied the facts of the case as they were reported in the media. Siddiquis case concluded with a guilty verdict before our course ended, but her sentencing did not take place until the fall of 2010, months later, when she received a term of 86 years in prison. Marina, who is ethnically Uzbeki, was bothered by what she saw as a miscarriage of justice in the Siddiqui case, and elected to perform additional research into the matter. This informed and insightful essay is the is the result of her research. -Professor Andrew Majeske

AAFIA SIDDIQUI THE ACCUSED TERRORIST

108 JOHN JAYS FINEST

Two FBI agents, their Afghan interpreters, and two United States Army Intelligence officers, all of whom were at the scene, testified at Siddiquis trial that she seized an M-4 assault rifle belonging to one of the American officers, fired at them, and shouted Islamic religious oaths, and violent curses against Americans, before she was shot in the abdomen and subdued. Afghan authorities stated that Siddiquis arrest occurred in the presence of her eldest son, Ahmed. Furthermore, it was alleged that she concealed her identity, and was carrying a substantial cache of instruction manuals on explosives, chemical and biological weapons, including a flash drive listing desirable mass-casualty targets in the United States and Afghanistan (Walsh, 2009). The Pakistani government, numerous human rights organi-zations, her family, and Arabic and Pakistani media argue that Siddiqui, prior to these 2008 events, had been abducted by Pakistani security forces in March 2003. They argue she was handed over to American The puzzling nature of Siddiquis choices intelligence services in Afghanistan, has made her an icon for political causes together with her three children, and and ideologues, both from the left and held incognito as Prisoner #650 at the infamous Bagram Air Force right of the political, ideological, and base where she was repeatedly religious spectrums. raped and tortured. The Pakistani government has spent millions underwriting her defense for her trial in Federal District Court in New York. Her sister Fouzia insists that Siddiquis capture and trial was accomplished with the complicity of the Pakistani government and Intelligence Services (Pakistani found guilty, 2010).

RADICALIZATION OF MAINSTREAM ISLAM

For the average Pakistani, or Muslim, though, Siddiqui has become a model for the heroic defense of Islam against the continual American assault on Muslim countries, both their religion and culture. Even at a time when Siddiqui was entirely unknown to the general public, her extreme behavior alienated her from family and friends. By that time, she had gained an elite American education, and benefitted from the advantages of an open society, a society to which she may have appeared, at least superficially, fully assimilated. Though devoutly religious, she would have been exposed to more moderate interpretations of Islamic law, tradition and religious practices, and experienced how these could operate in a secular society (Goldenberg, 2008). Modern secular societies, like the one Aafia lived in while attending MIT, emphasize civil and political rights as a source of social coherence and national identity. These rights guarantee that one can make personal choices in matters of conscience and religion; they also help to promote tolerance for individual choice and cultural diversity. Because of this focus on the individual, modern secular societies value self-fulfillment more than collective responsibility or the obligations of fidelity to the cultural standards and traditions of race, nationality, or ethnicity. Moreover, in most such secular societies, authority and power are carefully diffused and decentralized, and there is considerably more social mobility. Secular societies,

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therefore, tend to be more stable politically, both because their class structures are more fluid and because their major institutions are more representative of the general population. The puzzling nature of Siddiquis choices has made her an icon for political causes and ideologues, both from the left and right of the political, ideological, and religious spectrums. Both militant and non-militant Islamists, maintain that Aafia is simply an innocent victim of American intolerance and duplicity. They promote her as a staunch defender of the purity of conservative Islam with its severe constraints on female deportment, education, and social and political independence, an extremely odd state of affairs for an MIT and Brandeis-trained PhD.

AAFIA SIDDIQUI LEGAL RIDDLE FOR THE WEST

Because of her education and Western experiences, Aafia Siddiqui is a most singular and anomalous riddle to most people in the West. Viewing her as a puzzle is comforting from a defensive point of view, but ultimately this perspective is selfdefeating. Americans may fail to understand Siddiquis choices because her motivations would become clearer if we saw them in the light of the largely unacknowledged flaws in our view of Islam and an unwillingness to accept that American society may not be as open and tolerant as we would all like to believe. But this is a self-defeating posture both culturally and politically. When as Americans we fail to address our own intolerance or profess indifference to the tragic effects of our military operations on non-combatants, or cavalierly assume that we may do as we please in any region of the world we can dominate militarily or economically, why should we be surprised when the Muslim world at large responds in kind, or when many moderate Muslims adopt the view that our actions are a sign of contempt for their culture and religion. Aafia is certainly, among other things, an intelligent woman who made severe choices. The period in her life between 2003 and 2008 is shrouded in mystery. We know only fragmentary information about her life before 9/11, much of it hearsay, but her pattern of behavior over the previous two decades (or its lack) would be incomprehensible to most Westerners; her behavior has been erratic enough to even suggest the possibility that she may be mentally unbalanced. But the response of the Islamic general population, certainly more moderate and therefore typical in its view, to the tragedy of Aafia Siddiqui may help us to understand its causes (Saeed, 2008). The West has reacted to global Islamic terrorism with its own form of extremism, both military and political. I believe our motivations for a kind of fundamentalism, highly attenuated to be sure, is no different in degree from the growing conservatism and anti-Americanism among more mainstream Pakistanis and Afghans, though we may be unwilling to admit it. The possibility that the general populations in these countries may share, at least partially, the sentiments that lead to terror, or even perhaps the ideology itself, or that they may able, in their consciences, be able to justify actions as reasonable that they would not themselves perform or want performed upon them, may be too threatening for us to acknowledge. We have responded to extremism in kind, and in the process alienated more moderate, Islamic voices, surely the majority, both here and abroad. We have been complicit by our actions in the very terror we hope to contain or eliminate. The

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West is not immune to extremism in politics or in our collective attitude to cultures we may prefer to be indifferent to or remain ignorant of. Social coherence in Pakistan and Afghanistan is based on tribal and ethnic affiliation. For all practical purposes the peoples common faith in the Islamic religion holds these societies together. These societies follow a collectivist ethic with more fluid boundaries between church and state that we would accept in the West, an ethic that emphasizes the sacrifice of individual ambition. The societys norms are enforced on individual society members both by the threat of physical coercion and the heavy weight of tradition. There is little social mobility and the balance of social forces, and social mobility, is inert and not open to innovation. Because of these factors, in Pakistanis and Afghans are not the only ones Pakistan and Afghanistan, who have concluded that the Americans, social mobility is relatively because of their inconsistent application of unavailable. Most individuals there would avoid at all costs justice, have something to hide. the nightmarish prospect of exile, group exclusion, and a kind of spiritual death. Extreme Islamists sharply divide the world between believers and infidels: a polarized view that discounts the humanity of anyone who is not an adherent of Islam. This viewpoint is a kind of mental aberration in a way because genuine reflection and moral choices become impossible. Some people might find that comforting. This comfort, for instance, is to be exempt from the company of ones conscience; everything carefully defined and decided in advance, your safety and humanity is assured by the group you are in, and you are never threatened with exile because of the moral choices you are no longer allowed to make. This is a totalitarian point of view that is threatened by personal autonomy and a sense of responsibility for ones actions not derived from an unthinking and automatic acceptance of tradition or a political ideology. It is not surprising that, at least in part, a typical Pakistani may view assimilation in the West a dim possibility at best. In the present cultural climate after 9/11, and what they may have seen or read in the media since, many typical Pakistanis may now feel that a more moderate brand of Islam necessarily implies a sacrifice of their religious and cultural identity, and that advocating for a more moderate position is both blasphemous and unreasonable. For many Pakistanis and others in the Islamic world, the American version of justice they have seen in our courts and detention facilities, in our military operations contradicts what Americans claim to be fighting for when they are speaking rhetorically. The Pakistanis and Afghans are not the only ones who have concluded that the Americans, because of their inconsistent application of justice, have something to hide. This inconsistency is widely noted by Islamic media outlets, both abroad and in North America and Europe. It is true that they have as little evidence that Siddiqui is the Grey Lady of Bagram, and innocent of the charges brought against her by the United States, as the Americans have to prove she is guilty. Extremists have exploited this inconsistency by narrating alternative versions of events,

ZEITGEIST OF ISLAM AFTER 9/11

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obviously self-serving ones, which contradict the ones the United States promotes; their alternative version is particularly compelling in the case of Aafia Siddiqui. More moderate Muslims, comparing these options, will have difficulty finding value in the Wests much heralded secularism, if it is no less capable of the barbarities of conduct with which, for instance, the United States charges its enemies (Philosophy, 2010).

AAFIA SIDDIQUIEVIDENCE AND PUBLIC OPINION

There is ample evidencefrom Aafias two husbands Amjad Khan and Ammar al-Baluchi, the latter of whom is still a Guantanamo detainee awaiting trial, as well as friends and colleagues in the academic world in the U.S. and Pakistanof Aafias violent physical extremism and her active participation in terrorist affiliated student associations and charitable groups such as the Al-Kifah Refugee Center, Care International, and her own Institute of Islamic Research and Teaching; all of these organizations are notable for their propagation of violent religious extremism and their calls for active armed resistance against Americans, Christians, and Jews. There is also ample documented evidence of Aafias concealed purchase of weapons-grade materials and instructional manuals; she is also known to have made numerous clandestine trips in which she contacted known terrorist operatives, and she actively laundered money for terrorist cells. By 2004, she was included on a list by American Intelligence Services of the seven most wanted agents of terror on the planet (Masood, Gall, 2010). But the average Pakistani, instead of thinking about these facts about Aafia, instead remembers reports of American atrocities committed at Abu Ghraib, Guantanamo, and Bagram, and issues relating to ghost detainees, water-boarding, extraordinary rendition, and the Military Commissions Act. Rather than focus on Aafias extremism, which they would condemn in others, they are blinded by the memories of the deaths of countless family and friends killed in American air strikes gone tragically wrong. They will remember the promises of a seemingly uncorrupted government, freely elected, but still unforthcoming. They will remember the benefits an uncorrupted government (Pakistan: Human Rights, 2006). Moreover, this partisan tide among the general Muslim population is not lost on Pakistani government officials and political opposition forces, Prime Minister Yousaf Gilani and leading political activist, Nawaz Sharif among them. Gilanis Pakistan Peoples Party is even funding Siddiquis continued legal defense. Adding poignancy to their appeal is the fact that two of her three children, Suleman, the youngest, and Maryam, a daughter, are still unaccounted for (Pakistan Embassy Asks, 2008). Nor is it lost on the general Pakistani population that her trial, followed closely in the Pashtu, Urdu and Arabic language media, featured little forensic evidence confirming the testimony of American Intelligence operatives, but much hearsay and contradictory testimony. Much of this testimony may have come from bullied, or otherwise, interested parties. Neither the prosecution, or the court, addressed allegations, for which there is some probability, that she was held as a ghost detainee at Bagram, or in an undisclosed detention facility elsewhere, during the five years between her arrest by Pakistani Intelligence at Karachi in 2003, and

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her sudden reappearance at Ghazni in 2008. None of the evidence has been presented in an open court and it is unavailable for review by independent third parties. The testimony of American intelligence operatives and military personnel may hardly seem credible evidence to Muslim in this country and a broad who followed the case in the media. The Americans treated Siddiqui as a high profile case in their war on terror, but they presented no evidence for that other than hearsay or innuendo (Walsh, 2010). Raffia Zakaria, a columnist for the English language Pakistani news service Dawn notes that what for Americans, or Europeans, would seem contemptible madnessabandoning family, friends and the comfortable life of an academic in the West, combined with a willingness to sacrifice all lesser values, or self-interest, to ones highest convictionmay be seen by Muslims as a noble and selfless crucifixion for cultural and religious self-determination (Zakaria, 2010).

SUPPORT FOR AAFIA SIDDIQUI

Siddiqui already has the support of numerous professional organizations associations of lawyers, physicians, social activists, and academics. Moreover, her cause is strengthening the appeal of nationalist and ultra-conservative political parties and social institutions in Pakistan, such as Tehreeb-e-Insaf, a right wing nationalist group led by Imran Khan. As a result Tehreeb-e-Insaf is fanning the flames of conservative reaction in the hope of a larger share of the political pie, and the radicalization of the electorate (Our ideology, 2010). For Pakistanis, there is a profoundly felt need to negotiate the demands of a traditional culture and religion with the rapid changes in behavior, gender roles, personal and collective identity, institutional practices, and standards of justice, with the often conflicting challenges inherent in secular societies. Siddiqui has lived in both worlds and made her ideological choices. Those choices may represent an attractive model for moderate Muslims threatened with the political and cultural instability of a global religious community undergoing rapid modernization. Moreover, Jamaat-e-Islami is part of a coalition of six religious groups that dominate the political life of Pakistans North-West Frontier Province Pashtunistanone of four in the Pakistani federation. In March 2010, Sirajul-Haq, Jamaat-e-Islamis Deputy Chief, spoke to a gathering of former parliamentarians of the Pakistan Peoples PartySherpao in Buner, North-West Frontier Province, that the failure of the army to obtain the release of Siddiqui was a national disgrace. He said, The nation wanted nothing from the US but the return of the daughter Dr Aafia Siddiqi. We dont need dollars or any other support from the US. We demand honor and respect for our nation. He was joined in this view by North-West Frontier Province ex assemblyman Jamshed Khan, former Buner District Councilman, Sher Akbar Khan, and numerous other Pakistan Peoples Party local and provincial legislators, many of whom have left the Pakistan Peoples Party in protest and joined the Jamaat-e-Islami. The Pakistan Peoples Party is a moderate centrist coalition of political interests that represents Pakistans best hope for democratization, economic growth, peace with its neighbors, particularly India, and economic growth. If moderate voices in the Pakistan Peoples Party, feel compelled to abandon its ranks for an extremist position, then the West may have forfeited its

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hope for an alliance in the East against terrorism where it is most active for the for seeable future (Siraj asks, 2010). Maryam Ridley, a noted British journalist and convert to Islam has also called for Siddiquis release. The Taliban captured Ridley in 2001 when she entered Afghanistan without a visa. She was so impressed by the benevolence of her captors that she converted to Islam. She too argues that Siddiqui was the Grey Lady of Bagram, Prisoner 650, held in captivity at Bagram for five years, with the complicity of Pakistani Intelligence Services. Despite all this she insists, Saddiquui was repeatedly raped and brutalized by American forces. She describes Siddiquis recent trial and conviction in federal district court in New York as a sham, the charges a complete fabrication by American authorities, anxious to silence a woman whose only connection to terrorism is a distant relation by marriage to Khalid Sheik Mohammed (Yvonne Ridley). I.A. Rehman, the director of the Human Rights Commission of Pakistan (HRCP), a widely respected body with a representative cross-section of the countrys western-oriented moderate elite, has also faulted Siddiquis trial for its violation of numerous international treaties and conventions and for its stunning lack of transparency and material evidence. He is calling for a full-scale investigation by the government of Pakistan and the establishment of a fact-finding committee under the United Nations Office of the High Commissioner of Human Rights (Verdict Against Dr. Aafia). We can also see a growing nationalist sentiment in the Muslim Justice Initiative, formed in 2008 as a response to the widespread impression among the general Arabic and Urdu speaking populations that the war on terror is more a war on Islam, as well as a late and occult flowering of post-colonial imperialism. The Muslim Justice Inatiative also subscribes to a narration of events, and a perception of Siddiquis character that portrays her as a victim of American ethnic and religious intolerance (Aafia Siddiqui, 2010). Even the mainstream Pakistan International Human Rights Organization (PIHRO), a registered, independent NGO, has championed the cause of womens rights, judicial independence, constitutional reform and religious and ethnic tolerance since its founding in 1999. PIHRO maintains that Siddiquis case is not exceptional. They support the Human Rights Commission of Pakistan in noting that 242 Pakistanis are still missing in the secretive American detention system, more than 100 of them women. On February 4, 2010, mass demonstrations in Islamabad protesting the trial and conviction of Siddiqui gave ample demonstration of a growing antiAmericanism, notes Riffat Hussain, a political analyst at Quaid-e-Azam University in Islamabad. Dr. Hussain told Huma Yusuf, a correspondent for the Christian Science Monitor, Aafias case has become a rallying point for anti-US sentiments. The demonstrations were particularly troubling because the majority of the participants were young, university-educated and female. Ali Abbas, the chairperson of the Pakistan Youth Alliance, told Yusuf that the reaction to the Siddiqui case among Pakistanis at the protest was exemplary of a larger movement away from the development of secularism in the general population, and a reaffirmation of a more conservative political and religious agenda. Pakistan, like other populous Muslim

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nationsIran and Indonesia most notablyis becoming progressively younger demographically. Pakistan now has more young people between ages of 15-24, some 36 million, about 20% of the population than at any other time in its history. They have seen what the West has to offer in the global media. Many may have travelled to the West or have family there in the extended Pakistani migr community abroad. They are better educated and with more opportunity to make independent choice than any Pakistani generation before them, but they may be resisting the tide of secularism on a wave of growing nationalist and religious sentiment.

EAST AND WESTTHE WAY AHEAD

The Federal Prosecutors in her case had the resources of the Department of Justice, and the combined support of American intelligence services at their disposal, but they declined to charge her with any of the terrorist activity they allege she is guilty of when they are speaking informally outside the courtroom. Up to the time of her capture American Intelligence Services had considered her one of the most wanted terrorist on Earth. Surely, the Department of Justice could have made their case more credible to Westerners and Islamists alike if they had brought the full of weight of the available evidence to bear against Siddiqui in open court, assuming that it existed. However, for the purposes of understanding a growing conservative Islamic movement in the military of Pakistan and in other Muslim nations, it may be enough to assume that the psychology of terror may not be too far removed from the reactions of the more moderate Pakistani and Afghan general population. Some of these reactions may be due to American bullying, but it may also be due more largely to a hesitancy about the advance of global secularism. Many in the West share this social and cultural retrenchment as a reaction to the loss of ethnic, class, or religious identity in late industrial capitalism. There has been a notable, though muted upsurge of religious fundamentalism, nationalist and racial rhetoric, and coalitions of white supremacists and ultra-right political parties in Europe and America, with a common theme of caste purity, and an embattled sense of collective identity. Even for those of us in the West, surely again the majority, who refuse to make those emotional and ideological choices can understand their source when we sense our own unease at uncontrolled immigration, economic and military competition from growing super-powers in Asia, and the constant threat of attack from an unseen enemy.

REFERENCES

Dr. Aafias AppealBy Rafia Zakaria. ( 2010). CriticalPPP.org FBI expert says Aafias fingerprints not on the gun allegedly used by her. Associated Press of Pakistan. (2010). Retrieved from http://www.app.com.pk/en_/index.php?option =com_content&task=view&id=94600&Itemid=2 Goldenberg, S. (2008 ). Mystery of ghost of Bagram- victim of torture or captured in shootout? The Guardian. Retrieved from http://www.guardian.co.uk

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Masood, S., Gall, C. (2010). U.S. Sees a Terror Threat; Pakistanis Sees a Heroine. New York Times. Retrieved from http://www.nytimes.com/2010/03/06/world/asia/06pstan.html Our Ideology. Pakistan Tehreek-e-Insaf. Retrieved from http://www.insaf.pk/AboutUs/Manifesto/tabid/138/Default.aspx Pakistan: Human Rights Ignored in the War on Terror: Executive Summary. Amnesty International. (2006). Retrieved from http://www.amnesty.org/en/library/info/ASA33/035/2006 Pakistani found guilty of US attack. Al Jazeera English-AJE. (2010). Retrieved Fromhttp://english.aljazeera.net/news/americas/2010/02/2010232348226596 97.html Pakistan Embassy Asks U.S. to Ensure Aafia gets Treatment, No Humiliation. Pakistan Times. (2008). Retrieved from http://www.pakistantimes.net/2008/08/13/top9.htm Philosophy of Jamaat-e-Islami: The Raison dtre Of Jamaat-e-Islami. Jamaat-eIslami Pakistan. Retrieved from http://www.jamaat.org/new/english/philosophy Pilkington, Ed. (2010). Pakistan scientist found guilty of attempted murder of US agents. The Guardian. Retrieved from http://www.guardian.co.uk Rao, M. H. Pakistan, Afghanistan facing common challenge: President Zardari. Pakistan Times. Retrieved from www.pakistantimes.net/pt/detail.php?newsId=9336 Shah, S. (2008). Al-Qaida: Terror suspect says she was secretly detained and tortured for years by US. The Guardian. Retrieved from http://www.guardian.co.uk. Shakil-ur-Rahman, M.(March 26, 2010). Siraj asks army chief, FM to bring back Dr. Aafia. The News. Retrieved from http://www.thenews.com.pk/daily_detail.asp?id=231020 Siraj Asks Army Chief, FM to Bring Back Dr. Aafia. The International News. (March 26, 2010). Retrieved from http://www.thenews.com.pk/daily_detail.asp?id=231020 US verdict sparks Pakistan protests. Al Jazeera English-AJE. ( 2010). Retrieved From http://english.aljazeera.net/news/ americas/ 2010/02 201024102050255189.html Verdict Against Dr. Aafia. The International News. (2010).Retrieved from http://www.thenews.com.pk/daily_detail.asp?id=222991 Walsh, D. (2009). The mystery of Dr. Aafia Siddiqui. The Guardian. Retrieved from http://www.guardian.co.uk Walsh, D. (2010). Pakistan denounces conviction of neuroscientist in US court. Retrieved from http://www.guardian.co.uk/world/2010/feb/04/pakistanscientist-aafia-siddiqui Yvonne Ridley on Dr. Aafia Siddiqui. Cage Prisoners. (2010). Retrieved from http://www.cageprisoners.com/articles.php?id=31021 Zakaria, R. (2010). Dr. Aafias Appeal. CriticalPPP.org.

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Government 318

HOMOPHOBIA
____________________ YULIA GRACHEVA

IF I WERE TO ASK PEOPLE ABOUT THE PURPOSE OF ART, the majority of my respondents would probably mention beauty and aspiration to perfection. This, however, would be a narrow vision of artistic expression. Art should not necessarily please and appeal to the sense of beauty. Rather, quite often, artistic expression becomes a megaphone for ideas, beliefs, and opinions which many individuals would find daring, scandalous, and unattractive. By creating controversies and attracting attention to previously undiscussed issues, art sometimes serves as a powerful tool for political expression and a driving force of political movements. Since it is in the very nature of art to establish unique personal connections between artists and their audiences, works of art often introduce the public to complex social issues in an amazingly intimate and unofficial way. Certainly, not all politically motivated works of art become wide avenues for the delivery of ideas into human ________________________
The Assignment and the Writer: The writing assignment for POL 318 ("The Law and Politics of Sexual Orientation") was to analyze whether the motion picture Brokeback Mountain were an important political event (as opposed to an artistic or cultural event) in the United States in the early 21st Century. I read Yulia Gracheva's response aloud in class as a model of what students ought to strive for. Ms. Gracheva's writing was so moving that I started sobbing in front of the classnot a common (or pretty) sight. -Professor Daniel R. Pinello

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hearts and minds; moreover, some of the controversial artistic creations become commonly castigated and even rejected. Yet, since scandals accompanying such public castigations often reach a gargantuan scale, these works of art create probably more political resonance than the average inspirational speech of some familiar state official. The movie Brokeback Mountain, directed by Ang Lee, can certainly be considered one of the most politically inspired works of art created in the first decade of the 21st century. This motion picture tells a tragic story of two gay lovers, whose happiness was torn to pieces by the monstrosity of a homophobic society. The very release of such a movie could have never taken place some twenty or even fifteen years ago, when the thick wall of separation still existed between heterosexual citizens and members of the LGBT community. Highly publicized gay marriage campaigns of the early 2000s somewhat prepared the soil for movies like Brokeback Mountain by eliminating the unofficial ban on debating the problems of homosexual Americans. It would not be an exaggeration to say that the movement of gay and lesbian citizens for equality gained unprecedented strength and maturity during the first years of the third millennia. Apparently, such progress was fueled by the revolutionary decision of the U.S. Supreme Court in Lawrence v. Texas, which for the first time legally recognized that homosexual couples had protected constitutional rights of privacy (Pinello, p. 2006). This decision undoubtedly increased the activity of LGBT advocacy groups, which in its own turn led to several attempts of same sex marriage legalization and unified religious opposition in a vigorous well-organized force. Remarkably, the hot and tense climate of the early 2000s did not only engender political polemics. Brokeback Mountain is also a child of these uneasy years. The motion picture reached American viewers right in the midst of electoral wars, anathemas, and hysterical accusations surrounding the peripeteias of homosexuals struggle for equality. Surprisingly lacking any rebellious spirit, this movie simply told millions of American viewers a story of two loving hearts far distanced from the cartoonish image of perverts drawn by local pastors. Yet, it was exactly its intentional non-rebellious and apolitical tone that made this movie so revolutionary and politically controversial. Jack and Ennis, the major characters of the story, look stunningly real; indeed, they are the typical guys next door for a great segment of the American population. Thus, the simple story of two country men facing massive homophobic resistance demonstrated to millions of people across the country that the problems of the gay community are not as mythical as they may have thought. The problems of the LGBT community suddenly became somewhat personalized and understandable. He who suffered from societal homophobia was not some abstract spoiled guy from megapolis anymore. Rather, the real victim of homophobia could be a neighbor, a colleague, or a waiter at a diner across the road. Simultaneously with the personalization of homosexuality, the movie disproves the myths about gays debauchery and polygamy. Given the opportunity to live together, the characters would undoubtedly choose to do so and stay together for the rest of their lives. This simple observation would probably seem surprising to many residents of conservative areas whose perception of the gay community was shaped by ferocious speeches of local ministers and negative comments of ultra-

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right radio hosts. Thus, Brokeback Mountain gave people with distorted understandings of homosexuality a chance to question the truthfulness of their beliefs. It would be nave to hope that millions of Americans started to view the gay community more positively after watching this movie. But even a handful of supporters represents a great gain for the LGBT movement at the time of civil rights battles, when every additional supporter can potentially bring valuable votes and financial contributions. The key to Brokeback Mountains success is its fidelity to life. The story of Jack and Ennis absorbed the sad experience of many generations of gay people who were forced to hide their feelings and mourned their personalities in order to live other peoples lives. Unable to resist the overwhelming power of prejudice and hatred, these people never attempted to walk out of the closet and accepted their destiny with silent submission. Brokeback Mountain disproves the myth that homosexuality did not exist in rural America before the spoiling influence of the gay rights movement. Homosexuality was surely invisible in many areas, but not nonexistent. The most tragic moment of the movie, the allusion to Jacks brutal murder, indeed, serves as a better motivator for gay rights than multiple activist campaigns taken together. Jacks death is a personalized call against hate crimes. The introduction of a palpable person being brutally killed helps viewers to understand the graveness of the homophobic threat better than dry statistics published by scholars and advocacy groups. While the average citizen does not show any interest in reading specialized literature on hate crimes, he or she may learn about such crimes by watching Jacks story. Although fictional, Jacks death seems strikingly real in the context of a homophobic culture. Years ago, in Russia, I knew a woman who was stabbed to death because of her sexual orientation. And I know that Jacks story is her story. Jacks story is the story of every homosexual person who became or will become a victim of militant homophobia. Thus, it is crucially important that movies like Brokeback Mountain tell society the truth that many people prefer not to discuss. In the places like my native country, the issue of violence against homosexual citizens is extremely acute and the release of the Brokeback Mountain there provoked extensive debates on issues that everybody pretended not to notice before. I assume that similar debates appeared in many other countries, which leads me to believe that the release of this motion picture can be called a political event of global magnitude. Apparently, any minority group seeking recognition of its rights has to be vocal and visible in order to achieve its goals. Thus, works of art, which initiate vivid debates by discussing controversial minority-related issues, become useful tools in the political struggle. Since the public is extremely sensitive to various kinds of controversies, common debates on controversial issues can help to attract public attention to problems and grievances of minority groups. While silence reinforces submission, public resonance symbolizes protest and calls for a change. Therefore, as any other minority group, the LGBT community needs to be vocal and noticeable in order to safeguard the rights of its members and resist the opposing majority. This is why from the political perspective, a motion picture like Brokeback Mountain,

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which tells the public about homophobia, represents an invaluable tool for initiating political debate and confronting widespread homophobic aggression. Brokeback Mountain is certainly a movie that breaks stereotypes. Inspired by the LGBT communitys struggle for civil rights, the movie is a continuation of this struggle and a means for attracting public attention at the same time. Seemingly apolitical, Brokeback Mountain is a symbolic cry for political change in a society which discriminates against its own citizens and devastates the dreams and lives of its minority members. Brokeback Mountain carries a political message of the Civil Rights Movement, which fought for equality and dismantled prejudice. By educating people about the injustice existing in society, Brokeback Mountain contributes to the eradication of this injustice and inspires hope that in the 21st century, people will finally manage to understand that all people are created equal despite their skin color, nationality, or sexual orientation.

REFERENCES

Pinello, D. (2006). American struggle for same-sex marriage. Cambridge University Press: New York.

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English 316

THE MISEVALUATION OF KNOWLEDGE: GRADE INFLATION IN AMERICAN COLLEGES AND UNIVERSITIES

____________________ CHELSEA DELGADO

OVER THE PAST CENTURY, AMERICA HAS PRIDED ITSELF on its belief in and adherence to the principles of democracy, human rights, and the highest standards in education. Characterized by the adoption of one of the most comprehensive systems of public schooling in the world in the early twentieth century, our value of education has evolved into a paramount characteristic of our collective society. Much like our shared belief in capitalism, conspicuous consumption and the American Dream, academic success and high levels of educational achievement have come to represent our societal manifestations of what constitutes success. Over the past twenty years, however, we have seen a significant growth in perceived overall academic success with little empirical support that students entering college
The Assignment and the Writer: Written for English 316, Advanced Writing and Response, Delgados argument touches on a serious problem faced by American universities today: grade inflation. Despite many colleges denial to the contrary, according to Delgado, rampant grade inflation provides a veil of false achievement that masks serious problems for students and the education system. In fact, in making faculty promotion, job security, or tenure dependent on student evaluations, colleges have further compounded the problem and even policies proposed to combat grade inflation have caused more harm than good. Since grades have become a poor predictor of student success, Delgado calls for institutional intervention as well as reform in the way our culture conceptualizes student success, and offers other ways in which achievement could be measured, qualitatively rather than quantitatively. Delgado urges us to address both our obsession with superficial measures of success and the real causes behind grade inflation. -Professor Livia Katz

__________________________

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are any more prepared or gifted than their predecessors. This differential between the increase of academic grades and the increase in academic standards has commonly been coined grade inflation. While some credit this increase in overall grade point averages as an indication that our school system is thriving and our students are becoming more academically inclined, others claim that grade inflation is a serious problem that must be remedied in order to uphold academic standards, the integrity of academic institutions, and the pursuit of education at large. Indeed, with falling SAT and ACT scores and the acceptance into colleges of more students who are less prepared for collegiate work, the considerable rise in grade point averages across both public and private colleges and universities requires a more comprehensive explanation. Especially prevalent in Ivy League institutions, although present in all sectors of higher education, grade inflation has come to devalue academic pursuits by making high marks easier to attain and demotivate students who have come to expect higher grades for less demanding work. Ultimately, these factors have made collegiate grades less relied upon for admission to post-baccalaureate schools and consideration for employment opportunities. Because of the disservice it is doing to our nations students, grade inflation in institutions of higher education should be both acknowledged and addressed in order to maintain the highest level of educational excellence possible in the United States. While, statistically, the collegiate system has seen a staggering increase in Grade inflation leaves colleges and grade point averages over the past twenty universities with seemingly impressive years, many institutions deny that such increases are due to grade inflation. Princeton statistics and their students ill University serves as a prime example of such equipped to thrive in the real world. a dramatic increase in grades over time: In 1973, 31% of all grades at Princeton were A's. By 1997 that rose to 43%. In 1997, only 12% of all grades given at Princeton were below the B range (Ivy League, 2002). Those who deny grade inflation as a pressing issue insist that the higher gradesreflect genuinely higher achievementjust as the superior performance in track and field events at the Olympics represent[s] genuine advances over earlier competitors, not changes in the evaluation metric (Nieli, 2009). Many argue that, especially in the context of highly competitive colleges and universities, high academic achievement is to be expected since such institutions admit primarily high achieving students to begin with. However, such an argument is significantly flawed when held up to empirical evidence. According to a study conducted by the American Academy of Arts and Sciences, fewer than 20% of all college students receive grades below a B-minus,[and] a third of all college students arrive on campus so unprepared that they need to take at least one remedial course (Ivy League, 2002). Additionally, a study by the College Board found that while the average grade point averages of high school students have increased over time, SAT scores have actually decreased, indicating that not only may grade inflation be present in high school, but also that students are no more academically inclined as they enter college than were their predecessors (Godfrey, 2006). These alternative academic aptitude measurement tools show that, though the grades themselves may be increasing, achievement, on a broader scale, is not and suggest that grade

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inflation in recent years is not a manifestation of increased academic excellence, but rather a result of various institutional mechanisms. No matter if one chooses to accept the reason for the increase in grade point averages as manufactured, the consequences in the world outside of academic institutions is very real. Because of the grade compression exhibited over the past years, graduate schools and future employers have been forced to start ignoring grades, relying more on entrance exams, and depend[ing] on a good old boy/girl network in an effort to unearth the difference between who looks good on paper and who is actually good (Ivy League, 2002). These new slants on admissions and employment evaluation measures, though an attempt to combat the consequences of grade inflation, are no more fair than evaluating students based on inflated grade point averages. Those students who do not perform well on standardized tests and who lack the connections necessary to win precious corporate positions are left with a transcript of straight As that is useless in the real world. Grade inflation leaves colleges and universities with seemingly impressive statistics and their students ill equipped to thrive in the real world. While, on the surface, there are various benefits for institutions of higher education showing increased grade point average statistics, underneath this veil of false-achievement lie more serious problems for students and the education system at large. Academic environments that nurture or accept grade inflation ultimately lower the level of instruction and Academic environments that nurture or decrease student motivation. According accept grade inflation ultimately lower to Stuart Rojstaczer, a former Duke the level of instruction and decrease University professor who researches grade inflation in institutions of higher student motivation. education, student evaluations are the primary culprit for easier grading at colleges and universities (VanBerkel, 2010). Adopted in the 1980s, student evaluations, supposedly a tool used for evaluating a professors effectiveness, are, today, used when deciding on faculty salary, promotion and tenure (VanBerkel, 2010). Therefore, how a professor chooses to grade is often influenced by his need to obtain favorable student evaluations in order to keep his position or be considered for tenure. Terry Tranter, a professor at the University of Minnesota, for example, after receiving a series of bad evaluations, was issued with a salary freeze and a mandatory teaching seminar (VanBerkel, 2010); only after the college implemented a new grading policy that required him to give a median of a B+ in his upper-level courses, did Tranters evaluations become more positive and his job secured (VanBerkel, 2010). While many blame professors for causing grade inflation, the issue is far more complex and involves many actors, chiefly academic institutions that use mechanisms such as student evaluations and required grading policies. By measuring a professors aptitude or ability through student evaluations or by average class grades alone, college administrations are cheating students out of having truly comprehensive professors; although professors may be more difficult graders and receive low student evaluations they may, in fact, instruct their given subject better than professors who receive high student evaluations and whose students receive mostly As. By creating a dependent relationship between student popularity and job security,

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colleges have undermined the academic integrity of the institutions at large, forcing professors to choose between either lowering their academic standards or losing their jobs. Moreover, by receiving higher marks through the lowering of academic standards, students do not truly gain an accurate measure of their ability, become less motivated to work for high grades, and, thus, leave college less prepared for rigorous and competitive graduate and professional work. Not only does the system surrounding grade inflation lower the level of instruction in institutions of higher education, but also it fails to provide students with the product they were promised upon acceptance: scholastic education that will prepare them for future professional success. Although many colleges and universities deny that grade inflation is, indeed, a problem that requires immediate remedy, Princeton University, a member of the elite Ivy League, has taken a stance against grade inflation and implemented a rigorous administrative policy limiting the number of As in each department to 35 percent of all grades given (Tunnell, 2008). While an active counter-measure to grade inflation is needed if we are to uphold academic integrity in the United States, the model proposed by Princeton only compounds many of the problems that the evaluation system and grade inflation at large has caused. Such an approach does not make grading any more fair but only prompts students to shy away from classes perceived as difficult in order to ensure top grades in less challenging classes (Bruno, 2007). Other Ivy League institutions, such as Columbia, Dartmouth, and Cornell, now publish either the percentage of As awarded, the enrollment number, or the median grade in each course on college transcripts (Tunnell, 2008). Yet this still creates other problems, such as calling even more attention to grades and fostering an even more competitive environment than is already present in the collegiate system (Petrilla, 2004). Each of these proposed solutions to grade inflation only creates more serious consequences for the students themselves, doing an even greater disservice to them. In a letter to Princeton Universitys administrators, leaders of student government criticized the implemented policy to eliminate grade inflation: [S]tudents complained that if they are thrown into a competition with their classmates for the handful of A's that professors are able to give, they will try to stay ahead of their fellow students rather than learning from them and sharing ideas with them in a collective pursuit of knowledge and would be more likely to hesitate to clarify a concept for a fellow student because it might cost them a good grade. (Nieli, 2009) Although these various policies are in place to combat grade inflation, they may be causing more harm than good to the student body at large and actually hindering both academic pursuits and open and active academic conversation among students. In the United States today, there is a gross misrepresentation of grades as the ultimate predictor of success and, therefore, the only indicator of academic aptitude. Ultimately, in order to overcome the many problems associated with grade inflation, there must be both institutional intervention as well as a reform in the way our culture conceptualizes academic success. Such a real culture changedoesnt

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come easily and will not be the result of a quota system or the publication of class statistics on every college transcript, for those approaches still place undue weight on achieving academic success through grades (Bruno, 2007). This change will require a more comprehensive and thorough system outside of academic institutions that evaluates graduate candidates and possible employees not on standardized tests, grade point averages, or personal connections, but on their particular abilities to work or research in specific fields. Relying less on quantitative forms of academic measurement and more on qualitative forms, such as interviews and writing samples, graduate schools and employers can help to remove pressure on both academic institutions and students by reducing the disproportionate amount of weight placed on grades. In the academic institutions, eliminating student evaluations as a determining factor for employment and tenure of professors and lifting forced grading policies can immediately help to reduce grade inflation. However, in addition to these actions, we must, as a society, acknowledge our cultural obsession with superficial measures of success, such as grade point averages and socioeconomic status, in order to address the real causes behind grade inflation. For only when our society stops quantifying knowledge and aptitude in terms of As and Bs can we expect academic institutions to change policies that are so intrinsically tied to the very fabric of our nations culture. Bruno, L. (2007, March 28). Princeton leads in grade deflation. USAToday. Retrieved on October 30, 2010, from http://www.usatoday.com/ news/education/2007-03-27-princeton-grades_N.htm. Godfrey, K. E. (2006). Investigating Grade Inflation and Non-Equivalence. The College Board. Retrieved on October 29, 2010, from professionals.collegeboard.com/profdownload/.../KG_AERA09_ gradeinfl.pdf. Grade deflation. (2004, August 1). Newsweek. Retrieved on October 31, 2010, from http://www.newsweek.com/2004/07/31/grade-deflation.html#. Ivy League grade inflation. (2002, February 7). USAToday. Retrieved on October 30, 2010, from http://www.usatoday.com/news/opinion/2002/ 02/08/edtwof2.htm. Nieli, R. (2009, November 23). Princetons Victory Over Grade Inflation. EducationNews.org. Retrieved on October 30, 2010, from http://www. ednews.org/articles/princetons-victory-over-grade-inflation.html. Petrilla, M. (2004, March 24). Effort to curb grade inflation continues. The Daily Pennsylvanian. Retrieved on October 30, 2010, from http://www.daily pennsylvanian.com/node/42066. Tunnell, A. (2008, 1 December). Over Past 12 Years, Grade Inflation Increases. Columbia Spectator. Retrieved on October 29, 2010, from http://www.columbiaspectator.com/2008/12/01/over-past-12-years-gradeinflation-increases. VanBerkel, J. (2010, March 22). A look at grade inflation. The Minnesota Daily. Retrieved on October 30, 2010, from http://www.mndaily.com/ 2010/03/22/look-grade-inflation.

REFERENCES

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English 316

DO TELL: THE AMERICAN WAR ON HOMOSEXUAL SOLDIERS

____________________ BARBARA T. WHEATLE
Who would be free themselves must strike the blow... I urge you to fly to arms and smite to death the power that would bury the Government and your liberty in the same hopeless grave. This is your golden opportunity. -Frederick Douglass

THE LAMENT OF THE AFRICAN AMERICAN SOLDIERS who fought alongside their white counterparts continues to reverberate in the demands of an entirely different unequal group: homosexual soldiers. The parallel that is to be drawn between these two groups is a startling affirmation of how history continues to repeat itself. During the Civil War, though African American soldiers occupied a lesser status in society, they held back very little in their efforts to assist both the Confederate and Federal armies. Where reinforcements became necessary to offset the losses of soldiers, African Americans were the last resort. These soldiers were conspicuous only in the hue of their skin, and their profound display of loyalty remains a testimony to the unity that can be achieved in pursuit of freedom. That African Americans now have the freedom to become soldiers of the U.S army remains an enduring legacy of their struggle. Theirs was a dual struggle: a struggle against discrimination and oppression, and a struggle between the Federal and Confederate Armies. ________________________
The Assignment and the Writer: For the advanced argument papers that I assign in English 316, Advanced Writing and Response: Theory and Practice, I ask my students to develop arguments that anticipate, refute, or concede the validity of opposing points of view. Wheatle argues passionately and convincingly against continuing Clintons 1993 policy of Dont Ask, Dont Tell. By drawing an analogy to the black soldiers who fought alongside whites during the Civil War, Wheatle reveals the weaknesses inherent in the three arguments for continuing the policy: the economic, the civil rights, and the combat rules arguments. By asking the crucial question why a soldier would be seen as worth less when he openly confesses his sexuality as opposed to when he serves his country without revealing his sexual orientation, Wheatle laments that the ideological war between the proponents and opponents of Dont Ask, Dont Tell is liable to continue and points out the apparent irony inherent in the policy: while homosexual soldiers continue to sacrifice their lives for our freedom, Congress deprives them of their right to be free in the expression of their sexual orientation. -Professor Livia Katz

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In 1950, under President Harry S Truman, Congress passed The Uniform Code of Military Justice. According to Section 925 Article 125 of this code, Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy. Penetration, however slight, is sufficient to complete the offense (The Uniform Code of Military Justice, 1950). Disturbingly, this act requires that heterosexuality be a precondition for military service. In pursuit of equality for homosexual soldiers, in 1993, President Clinton sought to strike a compromise. The result of this compromise was the passage of Dont Ask, Dont Tell (U.S. Code 654.) which declared, The prohibition of homosexual conduct is a longstanding element of military law that continues to be necessary in the unique circumstances of military service. The armed forces must maintain personnel policies that exclude persons whose presence in the armed forces would create an unacceptable risk to the armed forces high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability(U.S. Code 654, 1993). Rather than placing a general ban on the enlistment of homosexual soldiers, this policy allows the enlistment of homosexuals. Such is made possible since the army is neither required to ask the sexual orientation of soldiers nor are soldiers required to divulge this. The problem with this law, however, is that it prevents homosexual soldiers from openly serving in the U.S army. Perchance if it had been possible for African Americans soldiers during the Civil War to hide the color of their skin, they would not have been employed as a last resort. There are countless army men and women who have actively prepared themselves to sacrifice their livesif need beto protect the equality and liberty that is the cornerstone of the American society. But what freedom do they fight for, if we deprive them of the basic right to freedom of expression? Ones sexual orientation poses no unacceptable risks to the armed forces, nor does it result in a reduction in the high standard of morale. Therefore, Dont Ask Dont Tell should be repealed. Former Air Force Chief of Staff Merril McPeak suggests that Dont Ask Dont Tell should be continued. In arguing for the continuation of the policy, he makes three arguments: the economic argument, the civil rights arguments, and the argument for combat rules. First, he suggests that the argument that the army is expelling soldiers whom it has trained at a great expense holds no ground. According to McPeak, there is a natural turnover process which results when members of the army die, retire, or resign. The army makes allowance for this through its billion dollar training system. Due in large part to an ability to retain its volunteers, the armed forces have significantly cut the cost of training soldiers. According to McPeak, Nonetheless, these large-scale factors swamp the question of marginal training cost. In the early 1990s, as we thought through the implications of dont ask, dont tell, I worked out the numbers for the Air Force. During the previous decade, wed put about 800,000 people through basic and advanced training programs, at a cost of about $30 billion. The money we expended on training 3,000 people who were eventually removed on account of homosexuality was minuscule by comparison (McPeak, 2010). The argument to be made from an economic perspective is not viable, therefore, since comparatively, the number of homosexual service men who are dismissed is eclipsed by the number of service

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men who are retained. Second, McPeak asserts that the argument from a civil rights perspective is premised on the idea that military service is like any other job and, therefore, is subject to civilian laws. Serving in the armed forces, however, is quite unlike any other job. The Army turns away several people who fail to meet the requirements of weight, height, and physical fitness. An argument may be made for those who are discriminated against on the basis of weight, height, age, and physical fitness, since such is considered a form of discrimination. Indeed, it is but why is there an argument to be made against the discrimination of homosexual Army men? Third, the law is aimed not at the protection of the individual, but rather at Since these homosexual soldiers the protection of institutional integrity and are denied the freedom to express morale. Though fairness requires that their sexual identity, they are being individual performance rather than individual identity determine ones place denied their civil rights. in society, these rules do not apply in combat. Wars are not a contest between individuals. They are largely dependent on the cohesion of the group, [s]o the behavior that concerns us is not individual achievement but the social dynamics of relationships and groups. The issue is whether and how the presence of openly declared homosexuals in the ranks affects the solidarity of the unit (McPeak, 2010). Hence, a reduction in moraleas a result of openly gay service mencan significantly affect solidarity. Although the argument certainly may be made that the number of soldiers released is fewer than the number retained, the fact still remains that money is being lost in the process. Yes, facts do suggest that the amount of money that is spent on homosexual soldiers who are released from service is far less than that spent on those soldiers retained; however, such does not seem to negate the fact that money is still being lost in the process. In an article entitled Three Bad Reasons for Continuing Dont Ask Dont Tell, Michael Preston (2010) points out that General McPeaks arguments are less compelling when the value of an individual soldier is assessed. Preston contends, The military would seem to come out ahead if it retains an Arabic translator--who just happens to be gay--when its fighting a war in an Arabic country than it would have by cutting that same solider loose based on his sexual orientation. Id call that money well spent as opposed to a minuscule expense in the training budget (Preston, 2010). What certainly cannot be described as miniscule are the countless gay and homosexual men and women who have died in the service of this country. The fact that that number may never be known is cause for great embarrassment. How much less is a soldier worth when he openly confesses to be gay as opposed to when he serves without revealing his sexual orientation? How much less loyal is he to the cause of protecting the United States? It does not follow that because there is discrimination based on weight, height, and age, discrimination on the basis of sexual orientation is justified. If nothing else, one expects that a soldier ought to be physically equipped to handle the rigors of service. What remains unclear is the nexus between sexual orientation and ones ability to meet the demands of war. Are we to believe that a soldier who is heterosexual is better prepared than a homosexual soldier? To assert that securing rights for homosexual soldiers is dissimilar in nature to attaining civil rights holds no ground.

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Since these homosexual soldiers are denied the freedom to express their sexual identity, they are being denied their civil rights. Are we to understand that one is no more insulated against violations of civil rights when one becomes a soldier? The idea that a different set of rules applies to soldiers because they engage in warfare is spurious. Does a different set of rules apply to doctors as well who sometimes are required to euthanize patients? Perhaps when the demands of the age require, we should consider gays similar to those African American soldiers who fought for liberty, equality, and freedom: a last resort. While it may be the case that many heterosexual service men and women would be uncomfortable serving alongside their openly homosexual colleagues, such is not enough justify the gross infringements on their civil rights. Furthermore, it remains unclear how cohesion might be affected by silencing the free expression of homosexual Army men. Certainly, while Dont Ask, Dont Tell remains in place, there will remain within the ranks a degree of uncertainty about the sexual orientation of service men. Certainly, even this uncertainty might result in the very erosion of morale that Dont Ask, Dont Tell proposes to prevent. In fact, according to a article in the Huffington Post entitled Military Gays Dont Undermine Unit Cohesion, four retired military officers conducted a study. Among this group was a five star lieutenant general who was tasked with the implementation of Dont Ask, Dont Tell in 1993. The study revealed that allowing gay and lesbian service men and women to serve openly would not pose a threat to the group morale. In fact, To support its contention, the panel points to the British and Israeli militaries, where it says gay people serve openly without hurting the effectiveness of combat operations (Flaherty, 2008). Provided with these examples of cohesive armed forces in which gay men and women serve openly, what retort could be possibly offered to suggest that Dont Ask, Dont Tell should be continued? One ought not to forget that it was not too long ago that African American soldiers could not serve in the military. Sadly, racism and discrimination remain serious issues that need to be confronted. The passage of legislations that will ultimately repeal Dont Ask, Dont Tell may not even be attained under the Obama administration. However, as long as these oppressive laws continue to inflict biases based on sexual orientation, homosexual service men will remain equal among the ranks, but separate. Currently, while the war on terror in Iraq continues, here on home soil we are in the midst of a different civil war, so to speak: an ideological war between the proponents and opponents of Dont Ask, Dont Tell. The irony of this warfare against terrorism is that even while homosexual soldiers sacrifice their lives for our freedom, Congress would seek to uphold a law that infringes upon their right to be free in the expression of their sexual orientation. However, as long as freedom remains more than a perspective, one must never relent in its pursuit. It is not so much that we fight for separate freedoms, for if we observe nothing else about freedom, certainly the unity that is derived from it should not be overlooked.

REFERENCES

Frederick Douglass American Abolitionst. (n.d.). American Civil War. Retrieved December 14, 2010, from http://americancivilwar.com/colored/ frederick_douglass.htm.

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McPeak, A. M. (2010). Dont Ask, Dont Tell, Dont Change. Retrieved December 14, 2010, from www.nytimes.com/2010/03/05/opinion/05 mcpeak.html Preston, M. (2005). Three Bad Arguments for Continuing Dont Ask Dont Tell. Retrieved December 14, 2010, from www.trueslant.com/michaelpreston/ 2010/03/05/three-bad-arguments-for-continuing-dont-ask-dont-tell/ United States Code: Title 654. Policy Concerning Homosexuality in Armed Forces. (n.d.). Cornell University Law School. Retrieved December 14, 2010, from www.law.cornell.edu/uscode/10/654.html Unified Code of Military Justice. Title Punitive Articles. Post-Trial Procedure and Review of Court Martial. Retrieved December 14, 2010, from www.auaf.mil/aw/awc/awcgat/ucjz.html

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Literature 315

FALLING OUT OF FAVOR

____________________ YANICK SAVAIN

THE CONTENTIOUS 1993 FILM FALLING DOWN, directed by Joel Schumacher and starring Michael Douglas, follows the frustrated William Foster on his violent quest home on the final day of his life. From the very first scene, the overarching themes of social and legal tensions expressed throughout the film are instantly visible in several traffic symbols that also serve as a visual foreshadowing of the fatal finish to Fosters journey. The quick scenic cuts - from the Christian He Died for Your Sins bumper sticker to the American flag draped busload of multi-ethnic school kids to the Delay signs in the slow and noisy traffic heat - set the frenetic mood of the movie while visibly framing the issues raised by the film. What is perhaps most controversial about these suggestive images is the implication of William Foster as a martyr in a callously bureaucratic American legal system.
The Assignment and the Writer: For this assignment in American Literature and Law, students were asked to describe how the 1993 film Falling Down works to illustrate the disjunction between the ideal of justice and the function of law within post-modern American society. In response to this inquiry, Yanick Savin weaves together a stunning tapestry of words describing a remarkable reading of the films characters, plot and potential meanings. Ms. Savins interpretation of the film and the skill with which she presents that view penetrate both the surface and abstract depths of the film to such a degree that they each represent an exemplary model of emerging scholarship. -Professor Shawn Lavery

________________________

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The empathetic characterization of this certifiable domestic terrorist as a vigilante underdog alienated by the American legal system seems distasteful at best and dangerous at worst. Yet it is a characterization that is of increasing importance in the ever-changing socio-political American arena. Foster, in the common shirt and tie garb of blue-collar society, is representative of a group that is commonly considered the general American population for whom the laws are presumably designed to protect and entitle. That each mention of his description in the police department is easily matched to different law enforcement officials Injudiciously antagonizing the shopemphasizes the disconcerting suggestion made by his elusive identification keeper is only the first of his many throughout the movie: not only could exhibitions of an intensely ironic William Foster be any American, but ignorance of the rights of others while he is in fact nearly every American, right up to the exclusive governing he demands respect for his own rights. populace represented here by the police force. If Fosters image portrays the embodiment of the American ideal of average, Fosters frustration then portrays the average Americans sentiment. Moreover, the extreme tension between him and the specific restrictions of the law then highlights the unsettling existence of an automatically assumed legal privilege for a specific American demographic White middle class Americans. This assumption of White privilege is not entirely without merit, as is seen in the immediate incredulity of several officers that their city terrorist is a White man. However, the presupposition of White innocence no longer affords the legal leeway it once did and Foster is pursued despite the doubts. His plight suggests that, although once the darling demographic of American society, the White middle class is falling from its legally privileged pedestal. In a quickly changing and diversifying social landscape, White Americans are slowly losing their majority status1, and with it, their legally preferential status. If Fosters self-righteous rampage across the city represents the culmination of the social ramifications of this paradigm shift, then even symbolically (violent protests and radical political activism instead of literal destruction of stores and infrastructure teams?) the potential consequences seem calamitous. His aggressively recalcitrant behavior reflects a societal reluctance to recognize that the law no longer functions as a system created by a select group to exclusively benefit a select group. There is a misperception of the purpose of the law as something meant to simply serve rather than govern. The viewer repeatedly witnesses how Fosters persistent presumption of privilege threatens to infringe upon the rights of others, usually minorities. Yet each of his angry declarations of his legal rights (as a consumer, as a parent, as a free citizen etc) are invalidated by the recognition of someone elses legal rights and protections. His astonishment at being denied legal preference, especially where immigrants are involved, reveals the startlingly pretentious expectation that his desired liberties prevail over even the most basic rights of the minorities and immigrants he encounters. This nationalistic narcissism is most notable in the scene where Foster begins by berating the Korean cashier for his accent and ends by destroying the goods that are his means of living. Injudiciously antagonizing the

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shopkeeper is only the first of his many exhibitions of an intensely ironic ignorance of the rights of others while he demands respect for his own rights. The provocation You come to my country exposes the conceited conviction that regardless of citizenship status, America belongs to him and his. This conceit, coupled with the frequent reminiscences for the archaic American values of the United States of yesteryear (symbolized in the film by Fosters nostalgic viewing of his home movies), paint a vehemently xenophobic portrait of what is purported by this film to be the average American attitude. This xenophobic delineation of what should constitute American, and the benefits such a distinction ought to afford, are as dangerous as they are insulting to democracy. It appears that Fosters White middle class expects that the law specifically serve them as the social majority, rather than serve society as a whole. The reaction to the realization that it will not work this way is aggressively defensive, as demonstrated by Fosters paranoid perception that he and his rights are under attack. The portrayal of average (White) Americans as being under attack leads inevitably to the identification of their attacker as anyone outside of this definition of American, a warlike mentality that too closely resembles radicalism. It is no surprise that Fosters only sympathizer and friend on his journey is the crazed neo-Nazi in the military store. While it can be considered normal for the neglect of individual interests to result in dissatisfaction and anger towards a governing party, outright ethnocentric terrorism is dismissed as a fringe phenomenon. Yet the neo-Nazis sentiments seem perfectly aligned with Fosters own expectations of legal preference over minorities. Fosters agreement with the neo-Nazis principles is assumed by his silent acceptance of the Nazis defense of the right to discriminate. This suggests that such abhorrently radical attitudes are actually quite average among Americans. This suggestion is reinforced by Fosters change from his blue-collar uniform into the neo-Nazis military outfit. The change, rather than invalidating his status as the average American model, actually reinforces his position as the American archetype, given that he is subsequently identified as more celebrated American ideal: the uniformed soldier and hero G.I. Joe. Now a bona fide fighter for American values, Fosters paradoxical legal desires are plainly and unashamedly articulated by the like-minded neo-Nazi as he expels two gay men from the store, exclaiming Can you believe them trying to force their rights up my ass? Imagine what those pumpkins do in private! The contradictory desire here for the right not to witness personally detested displays of equal rights for minority groups, followed by the offensive attack on that groups own personal right to privacy, is actually a generally shared legal desire. Indeed, the neo-Nazi belongs to the same social stratum as Foster and is more of a vision of Fosters character at a further extreme than an isolated case of radicalism. There even seems to be a warning against the propensity for extremism inherent in Fosters values shown in the fight between the two characters. Foster cryptically declares that due to gravity, giving both hands to the neo-Nazi would result in his fall a clear caution against allowing average discriminatory attitudes to reshape the law in ways that destroy democracy in America. The audacious message appears to be that while minorities do deserve rights, the majority deserves more rights.

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The overall tone of the film is one of lament and disbelief at the fact that all people in America have equal access to the law and the scene in which Foster is approached seems to demonize the equal rights of minorities as a criminal perversion of the law. The apparent disapproval of the equal application of the law to William Foster vilifies the bureaucracy of the legal system and at times mocks its indifference as absurd, as expressed by one officers assertion that A desk can be dangerous. Watch out for paper-cuts. Fosters initial retreat from the traffic jam and home through the bushes symbolizes that social frustration with the slow, narrow lanes of bureaucracy and calls to mind the aim of grass-roots groups to return to older forms of government. Yet for all the disappointment in the law conveyed by this film, the depiction of the legal process should be reassuring to viewers. The law should be blind to race and social status. It should be strictly adhered to, regardless of how it may inconvenience some. This film depicts the law working the way it should yet suggests that it should not work that way for the William Fosters of America. By portraying Fosters plight from his own perspective, Falling Down draws attention to the importance of understanding how the most common misconceptions about the purpose and function of the law can incite politically motivated violence among the most average, even politically inactive, citizens in an attempt to maintain the status quo. It is how the disgruntled Joe Six-Pack can become the Tea Party-celebrated suicide pilot Joe Stack2. While viewers are assured by the events in this film that the law no longer makes concessions for William Fosters demographic, they are also alerted to the potentially dangerous retaliation to this fact, as well as to the reality of the slowly bureaucratic law that can fail to prevent that retaliation. After all, despite his ex-wifes warnings to police, there was no legal premise for detaining William Foster until after he terrorized the city. The law, working the way it should, does not necessarily work as expected. And that goes for everyone.

ENDNOTES
1

Percentage of Population identified as White Alone: 1970: 87.5%; 1980: 83.1%; 1990: 80.3%; 2000: 75.1%; 2006-08: 74.3% -Source: U.S. Census Bureau, decennial census of population, 1900 to 2000. On February 18, 2010 Andrew Joseph Stack aka Joe Stack crashed a plane into an IRS building in Austin, Texas. In his suicide note Stack points to his frustration with tax laws as his motivation for the attack.

Brick, Michael. Man Crashes Plane Into Texas I.R.S. Office. New York Times 19 Feb. 2010: A14. Print. Hobbs, Frank, and Nicole Stoop. Demographic Trends in the 20th Century: Census 2000 Special Reports. U.S. Census Bureau (Nov. 2002) 74. Web. April 22, 2010 Schumacher, Joel. Falling Down. Alcor Films, 1993

REFERENCES

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Literature 315

INSTITUTIONS OF EXCLUSION: INTERPRETING THE LANGUAGE OF AUTHORITY

____________________ YANICK SAVAIN

AS A NATION GOVERNED BY LAWS rather than individuals, the language of law has always been intensely important in the United States of America. Everything, from broad phrases to single words, is subject to severe scrutiny as the slightest discrepancy of definition directly and profoundly affects the lives of those inhabiting the country. Indeed, as interpretations of such seemingly simple statements as All men are created equal have varied, access to the protections and entitlements of the law has alternately been restricted and granted to certain people and denied to others altogether. That access to the protections and benefits of the law, explicitly reserved for citizens, has repeatedly resulted in the past in unabashedly ethnocentric interpretations of citizen as meaning white. Although most glaringly evident in the property language of slave law pre-Civil War, the legally sanctioned and institutionalized perpetuation of white supremacy in American legal history extended well beyond the Civil War and African Americans and from its inception exploited and oppressed the Native Americans of the nation. In Luther Standing Bears recollection of his boarding school experience in the chapter titled First Days at Carlisle from the book My People the Sioux, readers witness the propagandistic assimilation of Native American youths into mainstream American culture, a move alleged to prepare them for life as Americans. ________________________
The Assignment and the Writer: One of the subjects we explored in this American Literature and Law class was the way in which both law and literature have worked in conjunction with one another to describe and define the desires of American society and culture at any given time. As this essay by Yanick Savin brilliantly illustrates, the discoveries of that exploration were simultaneously complex, and nuanced, as well as remarkably revealing. Here Ms. Savin captures the very essence what I wanted this course to illustrate. In short, her work for this class is inspiring. -Professor Shawn Lavery

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Standing Bear relates his first experiences at the Carlisle School from his childhood perspective of the events, offering powerful insights into the exploitation of his youthful mentality and autonomous inability in the process of cultural integration. Occurring after the Civil War, the Carlisle Indian School was founded by Lieutenant Henry Richard Pratt in the military barracks of Carlisle, PA for the sole purpose of assimilating Native American children into white American society in an effort to eliminate the Native American cultures. The very nature of the physical school site illustrates the position of Native Americans in [W]hat is not said in the law is as American society in Standing Bears time. As an educational institution important as what is said, and it soon reserved for them within a hegemonic becomes clear that although subject to structure of American government, the conventions of American society, they were literally confined not only to the culture of their white educators, there is no guarantee of the rights but to their authority as well. Yet afforded by inclusion in American society. unaware of the intentions of the instructors, entrance to the school is at first exciting to Standing Bear as he describes the big gate in (the) great high wall that first barred him from the facilities. Describing how the gate was locked, but after quite a long wait it was unlocked and (they) marched in (112, Standing Bear), Standing Bear conveys the initial impression upon Native Americans of being granted access to the protections of the legal arena, symbolized here by the military buildings which he states were very brilliantly lighted, andlooked good to us from the outside (Standing Bear, 113). Yet, as he goes on to describe, the facilities were empty and unaccommodating and as the chapter progresses the reader witnesses how American rules were imposing and restrictive rather than entitling to the young Native Americans. This misrepresentation of the place being assigned to Native Americans by the American government highlights the repeated exploitation in Native AmericanAmerican legal relations of language. Even as Lt. Pratt recruited children for the school, some who noted the previous breaches whites had made of their contracts with Native Americans expressed doubts. He capitalized on these concerns by arguing that if Native Americans were able to read the white man's words, the treaties would have been better understood and such violations might not have occurred (Landis, 1996). This designation of legal language as being white mans words is what facilitates the manipulation of Native Americans and continuously misleads them regarding their legal status. What looked goodfrom the outside to Standing Bear and his peers and appeared at first to be an admission for Native Americans to the law and its entitlements was the result of the inability to understand and interpret the nature of the situations and contracts being conducted in an unfamiliar language; complete access to the law depends on the ability to understand the language of the law. Standing Bear and his classmates are led to believe that their cultural assimilation into white society will culminate in their inclusion in white society. However, what is not said in the law is as important as what is said, and it soon becomes clear that although subject to the conventions of

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American society, there is no guarantee of the rights afforded by inclusion in American society. The legal ramification of this omission is seen in the Supreme Court Case of Elk v. Wilkins in 1884. Assimilated into white American culture, much as Standing Bear is at the Carlisle School, John Elk renounced his tribal loyalties and adopted an American identity. However, a year after he had done so, he was denied the right to vote on the grounds that he was not, as he proposed, a citizen according to the Fourteenth Amendment. Here Justice Gray, delivering the opinion of the court, manages a complex circumvention of what appears to be clearly stated that all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States by instead interpreting the clause subject to the jurisdiction thereof as meaning politically rather than geographically, and identifying Native American tribes as independent (albeit geographically nationless) sovereignties. This clever, though far-reaching and contradictory construction of the clause ignores the purpose of the amendment to grant rather than deny rights and betrays Justice Grays marked effort to withhold citizenship from Elk by ignoring the explicit language of the written provisions and focusing instead on what exclusions can potentially be construed from the same words in another context. Disregarding the original intent and contextual historicity of the Fourteenth Amendment, Justice Gray instead interprets the clause much in the manner of the legal scholar Francis Liebers interpretive theory, through his reduction of intent to language [which] was merely a stratagem to justify an active interpreter (Binder and Weisberg, 49). This active interpretation, this active search for something that may be meant simply by its not being explicitly specified as not meant is criticized in the dissent of the same decision by Justice Harlan who writes: Our brethren, it seems to us, construe the Fourteenth Amendment as if it read: All persons born subject to the jurisdiction of whereas the amendment, as it is, impliesrights ofcitizenship from and after the moment they become subject to the jurisdiction of the United States (Harlan, 112).The specifying1 interpretation by the court here of jurisdiction as political as well geographical, and then of tribes as sovereign political entities within the United States, federally allows that Native Americans unaffiliated with a tribe may be subject to American law without necessarily being granted access to the entitlements of citizenship. That such manifold meanings can be located in the language of the law, that they so profoundly decide ones relationship to the law, reveals the adoption of language and interpretation, rather than the adoption of cultural norms, as the true vehicless of legal access. As Luther Standing Bear further relates his experiences at the Carlisle School, the reader witnesses how (like John Elk) despite the active assimilation into white American culture, the inability to effectively interpret and understand the nature of the ruling authority hinders the progress towards the acceptance into American society. Most notable is the active exploitation by the authorities of Native Americans legal inactivity in light of their alienation from the language of the law. Speaking of Lt. Pratts governmental permission to try the experiment of assimilating Native American children, Standing Bear discloses that there were at first no school regulations, no rules of order or anything of that sort. Rather, they just ran all over the school grounds and did about as we pleased

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(Standing Bear, 114). Eventually rules were imposed; classes, begun and the schedule and behavior of the students became more monitored and regulated. But the structuring was slow, and each day described by Standing Bear shows the gradual development of the Native American schools rules, classes and customs. This development of the students schooldays from unmonitored to strictly regulated, reflects the development of the law regarding Native Americans in American society. Just as the students once freely roamed the school grounds, so too did Native Americans once freely roam the United States until eventually, following Elks petition to the Supreme Court, the legal status of non-tribal Native Americans went from unaddressed to strictly regulated. It is only once these regulations are imposed, in the language of the authorities of course, that the plight of interpretation and comprehension begins. As the boys are introduced into the classroom they are numbered, assigned seats and given Westernized names. They are given new clothes and haircuts and eventually bear all the appearance of White boys. Yet the almost comical first classes are conducted with a language barrier between the boys and their White teachers so strong that the children are left to infer the instructions and intentions of their teachers through their behavior. Standing Bear acknowledges the inadequacy of this interpretive method, stating that they assumed the teachers mannerisms (indicated) that we were doing pretty well, adding at least we interpreted it that way (Standing Bear, 116). Throughout the chapter, young Luther, though pleased to wear Western clothes and observe Western holidays, becomes frustrated with the language barrier that prevents him from fully understanding the expectations of his teachers. His determination to learn the ways of the white man and possibly become an interpreter for his own father in white society (Standing Bear, 126) mirrors the attempts of many Native Americans to understand the American laws imposed upon them. The anecdote of the music session most memorably illustrates the cacophonous consequence of attempting to understand and follow instructions that are not readily comprehensible. Presenting the boys with horns to generate sounds alternate from their own voices which are rendered useless by their language seemed to provide an opportunity to communicate through different instruments. However, providing instruments of alternate communication without clear instructions on how to utilize those instruments resulted only in noise. Indeed, it is the inevitable result of assuming the receivers of the instruments would automatically understand the intent of those handing them down. This importance of the ability to understand the intent, the instruction and the effects of the law is repeatedly demonstrated through Standing Bears meetings with figures of authority in the school. As in Elks case, the ability to interpret places the interpreter in a position of power over those unable to interpret. Unable to communicate in the language of the law-makers, both Standing Bear and Elk remain subject to interpretations of rules they do not fully understand and therefore cannot effectively challenge. Without the opportunity to challenge or question something as seemingly straightforward as subject to the jurisdiction of without the opportunity to express the assumption that horns are meant to make noise the expectations of the functions of the statutes and the instruments remain vested in the expectations of the figures defining them. As Oliver Wendell Holmes asserts in The

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Theory of Legal Interpretation that while it is true that in theory any document [] has one meaning and no other, because the known object is to achieve some definite result, it is not true that in practice [] a given word or even a given collocation of words has one meaning and no other (Holmes, 417). The known object of Standing Bears horn, like the known object of the clauses of the Fourteenth Amendment, does not eliminate the possibility of other purposes and meanings in the hands of another interpreter. The manipulation of language to mislead and exploit minorities in the legal arena underscores the significance of legal language in legal participation and how it alienates and excludes those unable to speak or understand it. Assumptions are made about the meanings of certain gestures and statutes only to be redefined (sometimes frivolously) to the convenience and wishes of those in power. If the meaning of a text is unstable and uncertain even at the very moment it is written (and) even the simplest instruction depends on infinitely many contextual assumptions (Binder and Weisberg, 49), then the power to determine that meaning, especially insofar as such highly consequential texts as legislation are involved, becomes the power to govern, to rule, to admit and to deny access to the very laws that regulate peoples customs, habits and lives.

ENDNOTES 1 Specifying interpretation occurs where pragmatic considerations are decisive for the choice between several interpretations which are all possible and reasonable within the natural linguistic meaning of the text. The choice may concern syntactic, logical or semantic doubtfulness of interpretation; the latter can be either ambiguity or vagueness. (Ross, 148)

REFERENCES

Binder, Guyora and Robert Weisberg. Interpretive Legal Crises in American Legal Thought. Literary Criticisms of Law. NJ: Princeton University Press. 2000 Elk v. Wilkins. 112. U.S. Supreme Court 3 Nov. 1884 Holmes, Oliver Wendell. The Theory of Legal Interpretation. Harvard Law Review. Vol. 12, No. 6 (Jan. 25, 1899), pp. 417-420 Landis, Barbara. Carlisle Indian Industrial School History. http://home.epix.net /~landis/histry.html. 1996. May 20, 2010. Ross, Alf. On Law and Justice. The Law Book Exchange, Ltd. 2004. Standing Bear, Luther. First Days at Carlisle. My People the Sioux. Bison Books. 1975. 112-129 U.S. Constitution, Article 14, section 1.

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Literature 327

IMPRISONMENT AND ITS DEHUMANIZING LONELINESS

____________________ JAMIE BRIDGEWATER

SOLITUDE, AS A MODE OF PUNISHMENT, has dehumanizing effects, yet solitude is the basis of the American prison system. The level of solitude that an inmate may experience depends on the level of security in a given facility. Facilities range from minimum to super-maximum security, and depending on the level of security, inmates may experience small increments of loneliness to the most extreme form of punishment known as solitary confinement. Angela Y. Davis (2003) provides remarkable insight on this fundamental criticism of the American prison system: the dehumanizing aspect of solitude and solitary confinement. In addition, The Prisoners Wife and The Woodsman both demonstrate the far-reaching effects that such restrictions and confinement have on offenders, through the depiction of Rashid and Walter respectively. Prisons are dehumanizing and ineffective because instead of rehabilitating those who commit offenses, these institutions create an environment for what Atul Gawande characterizes as soul-destroying loneliness. As an alternative to repressive solitude, Howard Zehr (1990) proposes implementing programs that seek to restore offenders through a new paradigm of justice: restorative justice.
The Assignment and the Writer: For LIT 327, Crime and Punishment in Literature and Film, students were asked to select two primary sources from the class readings and two secondary sources found on their own to write a thoughtful paper that critiques or endorses some aspect of the American prison system. They were encouraged to provide plenty of close readings, focusing on how this problem/achievement is represented in the literary texts and/or films analyzed. Jamie's paper completes the assignment brilliantly: It uses critical analysis of texts to create a passionate argument about the fundamental failures of a dehumanizing prison system. Her work is a lucid, eloquent example of how literary analysis can serve as social commentary, and how close reading can be an act of political activism. -Professor Baz Dreisinger

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Before we can criticize the logic behind the systematic solitude of the prison system, we need to understand a portion of the history that fueled this development. Because prisons were created during the eighteenth century, the ideology of that period influenced their logistics and advancement. According to Angela Davis (2003), the regime of the Pennsylvania system and the Auburn model constituted that eras two major models of imprisonment. However, the Auburn model, eventually became the dominant model, both for the United States and Europe (p. 47). Because both models had a similar philosophical basis that emphasized conditions of total silence, eighteenth and nineteenth-century reformers became invested in creating conditions for punishment based on solitary confinement. Furthermore, there was an intense belief that these conditions were assumed to have an emancipatory effect, whereby humans could make progress and find peace in solitude and meditation: the body was placed in conditions of segregation and solitude in order to allow the soul to flourish (p. 48), and some believed that such punishment would result in moral renewal and, thus, mold convicts into better citizens (p. 49). Therefore, notions about humanity and religion heavily coincided with ideas of imprisonment. Nevertheless, as the number of prisoners grew who became labeled as dangerous, what was once considered progressive punishment quickly evolved into the current construction and expansion of state and federal security prisons, ranging from minimum to super-maximum security. Prison makers had originally hoped to create an environment for what they thought would be soul-searching solitude. However, they ultimately created an ever-expanding nest for segregation practices that dehumanize inmates: today, aside from death, solitary confinement next to torture, or as a form of tortureis considered the worst form of punishment imaginable (p. 47). This overview in no way over simplifies the complexity of the birth and growth of the American prison system; instead, it intends to provide a context for the many different levels of confinement and solitude in todays prison systems. In fact, many current books, films, and articles portray the sweeping consequences of such historic ideologies about the nature and function of punishment. By examining The Prisoners Wife and The Woodsman, we can achieve a clearer understanding of the representations and ramifications of this dehumanizing practice. In The Prisoners Wife (1999), through the microscope of a memoir, we become aware of the crippling loneliness and silence that the America prison system wields on two particular individuals. Throughout this detailed and intensely personal recount of their relationship, Asha speaks where Rashid, a convicted felon, cannot. In fact, because they share a unique connection, she also becomes vulnerable to the harsh prison environment. According to Asha, the prison visits leave them both awash in [sharp and unavoidable] loneliness and hurt (p. 164). She compares the trauma of their routine separation to the after-effects of a scorched-earth policy and to emotions that have no name (p. 165). Furthermore, as if to smash boldly the aforementioned ideologies of the eighteenth century, she announces that the worldwide organization of loneliness (p. 168) has taught her one thing: Loneliness is a terrorist, except it has no righteous cause, no moral foundation, no

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God. There is no reasoning with it, none (p. 166). For her, the loneliness that is generated from prisons creates a hole so deep that if you drop anything into it, you will never hear the landing (p. 168), and because prison is so isolating, [one] get[s] used to handling any problems and all the pain it creates by [one]self (p. 178). Consequently, the loneliness that prisons enforce has proven to be unfruitful and inhumane for both inmates and their loved ones. Not only are prisoners sometimes forced into this torturous loneliness, but they are also sometimes denied any form of communication with other inmates or officers. According to Rashid, when he first entered a super-maximum security prison, he had to abide by a tacit code of conduct and communication: the whole time, youre not talking, its total silence, but you would never just get up or turn your back.When you get ready to do that, you knock on the table twice (p. That human beings can maintain their 56). Surprisingly, Rashid notes that sanity under such stringent, silent inmates initially acquired this silent code of communication by paying conditions, for many years, is baffling. attention to the officers in charge: police couldnt speak to inmates so they used to knock on walls with their batons to signal when to stop and when to go.So prisoners just got that into their way of communicating. Not speaking, but banging (p. 56). That human beings can maintain their sanity under such stringent, silent conditions, for many years, is baffling. In fact, Asha later avows that without some process for verbal expression, [she] know[s] that [she] will go insane, or elsedie, and she is certain of this reaction because silence had already tried to kill hermany times in her past (p. 99). Moreover, she knows that whatever pain did not come, distinct and terrible, from [the] mouth would find an escape route in some other place (p. 100). Perhaps one of the most poignant insights that Asha reveals is through her eerie description of the nightly sounds during her conjugal visits. She tells of nights on the trailer that are unnaturally still and silent.Just a quiet immobility which bellies all those endless emotionslovelongingragesadnessdesperationfearstarvation and the fantasies which definecorrectional facilities (p. 155). This description effectively illustrates the cruel and colossal repression on which prisons are built. Indeed, we sense Rashids repression when we hear his voice at different times in the memoir. Particularly, when Asha asks him to describe the day of the crime in its entirety, he says that he has tried not to think of it because thinking of it is worse than doing the bid and that he had to block out all the bad stuff from those days to prevent those thoughts from driving him insane (pp. 60-61). In Ashas eyes, Rashid is a human being fighting off loneliness[and] needing an open love, long honest discussions, a quiet touching at his core (p. 17), yet she could also sense the difference between his world [the prison] and ours [society] (p. 18). Moreover, her open confession that she wanted love.to be important to someone.to be acceptedagain (p. 27) is juxtaposed with Rashids dark, dank, caged situation (p. 120). She expresses natural human emotions and needs. In fact, her relationship with her former husband fails precisely because he would never make himself a great emotional presence in [her] life (p. 66), and the life she was living with him was so pointedly lonely that she could not live in emptiness (pp.

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80-81). Therefore, she acknowledges and relates to Rashids isolation even in other respects. Furthermore, Asha represents only part of the web of loneliness and silence, as the other women who ride the bus to the prison corroborate their shared distress. Together these women are stereotyped as lonely, even desperate (p. 44), and although they love their husbands, they admit that they need their friendsto keep them saneto ease the lonelinessto add a little color to the bland soup of prison life (p. 104). Here are women who have no choice but to pull on every resource that they have, refusing to capitulate to what the prison would have made [them]: oldbitter, brittle, breaking (p. 105). If these women who support their convicted husbands desperately need resources to fend off loneliness and insanity, then how much more resources would convicted men like Rashid need? The destructive solitude of the American prison system is painfully clear, and what happened to Asha and Rashid is still happening today, but on a much larger scale. The film The Woodsman brilliantly illustrates the ramifications of this dehumanizing silence and loneliness; however, unlike in The Prisoners Wife, we are able to see an example of what often happens to these convicted men once they return to society, that is, the after-effects of prison institutions. Walter, a convicted pedophile who is recently released on probation, tries to start a new and normal life. However, we quickly realize that the segregation practices that began in prison now extend beyond the walls of prison and into the community. Furthermore, these former practices and their crippling effects make it difficult for him to move beyond his isolation to reestablish important bonds. First, the mood of the film, in its entirety, is overshadowed by a sense of stillness and alienation. We are left to imagine the horrible experiences that he endured as a former prisoner when he sternly says to Vicki, twelve years in prison is no joke. However, the overall atmosphere of the film permeates with Walters inexpressible sadness and loneliness. Not only do the camera angles accentuate this alienation, particularly at the start of the film as Walter is being transported, but there is a grey overcast that heightens our sense of the bleakness, hopelessness, and emotional weightiness of his situation. His apartment includes only the bare minimum furniture and necessities, and he rotates wearing two or three ensembles, at most. In fact, all his clothing and other personal items fit into and are transported in a duffle bag. Furthermore, the prison fuels a haunting loneliness and isolation that extends beyond his former prison walls. The rules and restrictions that once made it impossible for him to connect with others or function normally still haunt him in the form of Sergeant Lucas, his parole officer. Lucas has the freedom to enter and search Walters apartment or interrogate and instruct him at unannounced times. At one point, Lucas arrogantly lists and summarizes the extent of his jurisdiction over Walter: I know everymove you makewhen you eatsleepshitjack off. When youre sitting by the window watching little girls in their cotton-white dresses. Then, when Walter protests, Lucas sneers at him, Youre a piece of shit to me. I could throw you out that window right now. Who do you think they are going to believe? Do you think somebodys going to miss you? This scene is perhaps one of the most disturbing scenes because it not only effectively demonstrates the prison

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systems inhumane treatment, but it also underscores the extreme vulnerability of offenders. Because he has been cut-off from the basic bonds of friendship, since his incarceration, the disheartening reality remains: no one cares about him because he has been isolated for twelve years. The twelve years of dehumanization at the hands of the prison system has ultimately left him distrustful, spiritually broken, and emotionally numb. On one occasion after he plays with a make-shift puppet, we are able to look into his eyes, revealing immeasurable sadness and a quiet endurance of pain. After witnessing his reactions to certain comments, incidents, and people, it is evident that he has emotions; however, it is also evident that these emotions are repressed to the point where it seems painful and unnatural for him to speak, smile, or touch others. He does everything alone: eating cereal, watching television, walking to and from work, eating lunch at work, or taking the bus. Carlos, the only family member who visits him occasionally, still manages to keep Walter at a distance that implies his distrust and rejection of Walter. Consequently, Walters banishment has instilled in him a simultaneous fear of returning to prison and the expectation that he will return to prison, and the merry-go-round effectively symbolizes this vicious cycle in which the prison system traps individuals. Moreover, because he experiences such alienation from his family, loved ones, and the community, he reacts adversely. Initially he tries to implement the recommended steps for healing. He begins writing in his journal, makes an effort to avoid situations with prepubescent girls, and acknowledges when he feels like succumbing to his temptations. He also complies with the psychotherapists recall exercise, and makes an effort to be polite to other workers. However, once Lucas incites his deep-seated anger through humiliating comments, Walter begins to lose the control that he initially displays. In addition, Mary-Kay, through her malicious acts, fuels his preexisting alienation and hopelessness. Incidentally, The Prisoners Wife and The Woodsman also effectively demonstrate offenders unspoken need to restore their place in society and restore their souls; their relationships with others in many ways substitute for a relationship they would like to repair: the relationship with their victims, who haunt them. Ultimately, Rashid and Walter need restoration instead of repression. Whether they serve time or parole, inmates remain traumatized by the inherent repression of the prisons system of solitude. The emotional and psychological repercussions that this loneliness and silence cause fall under the category of retributive justice, the current model of justice implemented by the American prison system. However, Howard Zehr (1990) speaks extensively about what is known as restorative justice because he believes that the offender needs to learn that he is someone of worth, that he has the power and responsibility to make good choicesto learn respect for others and their propertyto learn to cope peacefully with frustration and conflict [and] he needs coping skills (p. 39). According to Zehr, the entire prison setting is structured to dehumanize (p. 37); however, this new paradigm of justice, a brilliant and untapped theory, holds the key for reducing the oppression that Rashid, Walter, and thousands of other inmates currently experience. Instead of trying to break the offenders spiritintended or unintendedas retributive justice seeks to do, restorative justice purports to rebuild not only the offenders morale but also the

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morale of separate communities. Yet, because of the systems focus on retributive justice, the offender will have no opportunity to confront rationalizations and stereotypes that have led up to his offense (p. 43). Furthermore, he will have no opportunity to build the interpersonal skills, the coping skills, that he will need to successfully live on the outside. In fact, he will learn the wrong interpersonal skills and will lose what coping skills he has (p. 43). Therefore, because the system proves unsupportive of offenders need for restoration, inmates like Rashid and Walter are forced to seek substitute avenues for healing. Despite the prisons bleak view of Rashid as start[ing] and stopp[ing] in one moment, in one place, as a criminal, a convict, [he] knew there was more that he could accomplish (p. 70). There are three outlets through which Rashid seeks restoration from the haunting of his crime: religion, relations with Asha, and self transformation. First, Asha notes that Islam, with all its specificity, was and continues to be Rashids primary catalyst for transformation (p. 135) because it substitutes for the parent [he] never had (p. 136). He acknowledges that much of his life was handed overto these base emotions: greed, lust, and selfishness but that today [he] lives for others and for God (p. 127). He needs this greater power even more so now that he is surrounded by noise, anger, violence, depression, and steel (p. 125). Second, through his relationship with Asha, he is able to demonstrate and seek further self-transformation, concurrently. At the start of the memoir, Asha recounts that Rashid and other inmates had clamored for pen pals, people to review their poetry and writings, any kind of connection to the street (p. 18). This kind of mass need that Asha refers to is one of the few ways that prisoners like Rashid seek to reconnect with the outside world and form bonds. Through their connection, Asha and Rashid were able to have talks that helped them both to learn something and heal (p. 19). She describes him as a man committed to the transformation of himself and the world (p. 20), very humble (p. 63), optimistic (p. 194), and who imagined the world as a place that was justfairsafe and livable (p. 20). By telling Asha who he was before the strip searchesthe cellsthe number instead of the name, he is able to hold on to his humanity (p.77) and prove to himself that now he is a different person, a person who pays attention and never misses a thing (p. 110). Moreover, by being the man who liberates (p. 138) Ashas spirit, thoughts, and ideas, he ultimately receives a substitute sense of freedom and restoration. Likewise, there are four outlets through which Walter seeks restoration from the haunting of his crime: his relations with Vicki, Robin, Candy, and his sister Annette. Walter leaves prison believing that the odds are against [him] and that he will eventually recommit his crime and return to prison. However, Vicki inspires and supports him: I see something in you, something good. You dont see it yet, but I do. Her faith and support help him to re-establish a bond with the community. Also, Walters relation with Robin is very significant because she is the only way in which he can test if he is normal. Once she reveals that she is abused by her father, Walter is immediately disgusted at both her father and himself. The moment he sends her home is the moment we realize his ability to understand and overcome the haunting shadow of his crime, a clear indication of healing and restoration. Also, by literally defeating Candy, Walter begins to defeat the wolf inside himself. Most

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striking throughout the film is his quest for forgiveness from Annette. When she pushes his hand away, he is hurt, but he is also understanding of the effect his crime has on her: she is hurt. I understand. She said that it takes time, and shes right. I understand. Although he does not receive forgiveness from Annette, he becomes more aware of the effects of his crime and can begin the healing process. Both Rashid and Walter yearn to be restored, but they meet with much resistance from the system and the community. According to Zehr, the system seems unsupportive of this natural need for restoration (p. 59): The criminal justice processoften encourages rationalizations and strengthens stereotypes precisely because offenders rarely are encouraged to see the real human costs of what they have done (p. 41). Yet, many offenders do understand the nature and effect of their crime and try to change their behavior, thoughts, and seek forgiveness. Therefore, their restoration is not only possible but also pending. Rashid is no longer arrogant; instead he is now religious, patient, thoughtful, compassionate, and a model inmate. Likewise, Walter realizes and acknowledges his desire to be normal and eventually overcomes the wolf inside him. Regardless, it appears as though offenders, in particular, are isolated, abused, and abandoned. This current cycle of injustice that is displayed by the prison system can be damaging on the individual level and the community level. Because these offenders often return to society, this cycle only heightens the possibility that they will recommit the same crime. While Walter represents offenders who come dangerously close to recommitting their crime, Rashid represents the possibility that offenders will delve into themselves and, with determination, rise above the repressive prison environment. However, in realistic terms, how many people, never mind inmates, can survive psychologically and spiritually the dehumanizing loneliness and silence that stems from prison solitude? More importantly, when will society be willing to discuss crime and criminals with a goal for transformation and mercy, instead of rage?

REFERENCES

Bandele, A. (1999). The prisoners wife: A memoir. United States: Scribner. Dash, D., Bacon, K. (Executive Producers) & Nicole Kassell (Director). (2004). The woodsman [Motion Picture]. United States: Dash Films and Lee Daniels Entertainment. Davis, A. Y. (2003). Are prisons obsolete? New York: Seven Stories Press. Zehr, H. (1990). Changing lenses: A new focus for crime and justice. Scottdale, Pennsylvania: Herald Press.

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Literature 327

READING BETWEEN MY OWN LINES

____________________ JAYELLE DORSAINVILLE

DURING THE SPRING OF 2010, I began learning about post-colonialism and the European usurpation of Africa. History class had already laid down the framework of my understanding, but there had been a piece missing that was never considered. The literary explanation of these historical accounts structured my understanding of the time in an entirely different way. All of the novels read during the course of the semester were like stepping stones to a larger understanding of post-colonialism as a whole. In Joseph Conrads Heart of Darkness (1902), the protagonist Marlow is taken on a life-changing journey through the Congo, while the reader is left to decipher the irony from what Marlow truly feels. On the other hand Chinua Achebes Things Fall Apart (1958) is intended to humanize the Africans who, in Conrads book, had no identity. While one text allows them to be only shadows in the background, the other is flooded with culture. Neither of these perspectives can be understood in a history textbook, which separates this intellectual journey from any other I have experienced. As a reader there are always personal biases that are _________________________
The Assignment and the Writer: One of the learning goals of LIT 300 Text and Context is for students to recognize their own critical voice alongside those of professional critics. Jayelle Dorsainvilles final paper for this course is a wonderful example of synthesizing literary and critical ideas about African colonial and post-colonial literature and theory in order to discover her critical interest in psychological oppression. Ms. Dorsainville weaves Conrads Heart of Darkness and Achebes Things Fall Apart together with several critical theorists, but throughout the essay the strongest voice is hers, articulating both horror and understanding. -Professor Allison Pease

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injected into ones understanding of the text. After reading Heart of Darkness and Things Fall Apart, I realized the interest I have in psychological oppression as it relates to post-colonialism. Oppression is all encompassing, which means there is a psychology to the oppressed and the oppressor. The understanding that captures me the most is in the mental breakdown between both parties: Rather than a conflict between two worlds we have a conflict between individuals who are very similar but who cannot see into each others hearts (Kortenaar 125). The oppressor and the oppressed fall into their roles based on culturally accepted norms. Alienating a person because of race, class, gender or sexuality are all forms of oppression. Throughout Heart of Darkness Africans are thought of as sub-human and savage: there was a camp of natives he called them enemies (Conrad 14). There is a psychology to the choice of words used in this excerpt that contributes to the larger Okonkwo, the tragic hero of idea in the novel. The irony is apparent Things Fall Apart, has a past, a immediately as Marlow tries to mask his culture and status which place disdain for what he is witnessing. The colonizers refer to them as enemies to him above any African character position the natives as something to be feared present in Conrads text. and destroyed. The irony is in even referring to them as enemies at all, because they are not technologically worthy opponents. The colonizer must format his psyche into believing the natives are a danger to justify killing them. Conrads novel has been called a psychological masterpiece, with its ability to catapult the mind of the audience into the Congo from the view of the oppressors. The novel is to be told from the perspective of a critical and sarcastic protagonist. On the other hand, Chinua Achebe did not agree with the way Conrad went about telling his story: I am talking about a story in which the very humanity of black people is called in question (Achebe 346). Heart of Darkness calls into question the humanity of everyone involved and the Europeans are not left out for one second. Marlow begins his story analyzing the propaganda his aunt begins to preach about, while sniffing out the hidden agenda of the work he was placed into. Propaganda and social norms are all psychologically oppressive ways that the oppressors use to infiltrate the public and create new believers. The oppressor and oppressed are directly dependent on one another in a post-colonialist text and this is evident in both Heart of Darkness and Things Fall Apart. In her novel The Origins of Totalitarianism, Hannah Arendt described the exchange best; the maelstrom of an unending process of expansion, he will, as it were cease to be what he was and obey the laws of the process, identify himself with anonymous forces that he is supposed to serve in order to keep the whole process in motion, he will think of himself as a mere function, and eventually consider such functionality, such an incarnation of the dynamic trend, his highest possible achievement (Arendt). While some critics struggled with understanding if Marlow was for the regime or against it, it was never considered that he may have had to fall into the machine or identify with anonymous forces in order to survive in the environment. Before leaving for the Congo he had his brain measured, which already prepares the reader to step away from conscious thought. In order to obey

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the laws of the process the protagonist had to use discriminatory language in an ironic fashion. Marlow steered the boat and did as he was told, much like the natives that were forced to work, he will think of himself as a mere function, and Marlow becomes merely a piece of the larger puzzle. Although this quote was used in conjunction with the oppressed it seems to work just as well for the Europeans. In an essay by Paul B. Armstrong entitled Reading, Race and Representing Others, Armstrong comments about Achebes understanding of Heart of Darkness that Achebe wrongly assumes that Heart of Darkness offers a finished representation of the colonial Other to the metropolitan reader (Armstrong 430). Due to this belief Achebes novel Things Fall Apart removed the wall between the metropolitan reader and the Other. A fascination grew from this idea of Othering individuals and how it sprang from post-colonialism. While Conrad provided a screen between the Other and the reader, Achebe broke down the wall and invited the reader inside. Things Fall Apart is a perspective from the inside out, To underline the falsity of this version of events, Achebe must reestablish the humanity of his Africans, must insist that Africans live in the same world and are absolutely not Other (Kortenaar 124). Although Marlow believed he traveled into the heart of darkness he could not convey the emotions from the natives. Okonkwo, the tragic hero of Things Fall Apart, has a past, a culture and status which place him above any African character present in Conrads text. Okonkwo is already struggling psychologically with demons in his past, which does not help him to prepare for the colonizers. Achebe provided the reader with a protagonist like Okonkwo to symbolize pre-colonized Africa. Due to his past and the uncertainty of his culture in the future he commits suicide, as a final act of rebellion. Although suicide is frowned upon in his society it doesnt seem to matter when all that he knows is falling apart around him. The most effective form of psychological oppression is using religion and religious texts to justify oppression. When Europeans first arrived in Africa they came in the form of missionaries, sent to build churches and build up a community within them. Although the Africans had their own beliefs and culture, they had to be assimilated in order to become the oppressed. Then once they are enslaved, masters would use the bible as grounds for their harsh treatment of the slaves. Religion itself is oppressive and Othering; an unselfish belief in the idea something you can set up and bow down before, and offer a sacrifice to (Conrad 7). It wasnt apparent to me how effective religion is at manipulating people until after reading post-colonial novels. Throughout history, an unselfish belief seems to lead to discrimination and murder. In Heart of Darkness Mr. Kurtz unselfish belief of being one with horror led to his insanity and death. In Things Fall Apart Okonkwos unselfish belief in his masculinity and culture led to him sacrificing his life. History and literature had always been separate when I thought about them before this class. I was aware that history was a form of literature, but they did not fully mesh until reading post-colonial text. Analyzing individuals when they are thrust into an unclear environment, surrounded by unknown people can be quite interesting. Themes of alienation, characterization interpretation and internalized values interested me, all the while gaining a deeper understanding of Manifest Destiny. Although I had an understanding of psychological oppression, it was never

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explained so clearly after walking with the protagonists in each novel read this semester. In the case of Heart of Darkness my frame was limited before deciphering the vocabulary and irony present in this psychological masterpiece. Marlows intention of highlighting their wrongdoing with sarcasm was lost on me, before taking the time to be critical of the text. This allowed me to see beyond words like savage and nigger to truly grasp the purpose of Marlows story. Achebes Things Fall Apart brought me back to a simpler style of writing with a much more complex story to tell. The troubled protagonist Okonkwo represents the spirit of precolonized Africa, while still succumbing to post-colonial oppression. This was the first piece of African literature I had ever read and while one can assume what life was like for them, a literary account does it best. The presence of the Other is always a thought provoking theme, as society is always creating outcasts. I have always wondered what makes people assume they are better than others. Technology can be one reason and so can education, but when we are stripped of all those things there is only flesh and blood. Biologically there are few differences between people of different races and classes. Like Marlow I awoke from the dream I was once in and wiped away the preconceived notions to see the world I live in as it truly is; one of ignorance, greed and innocents.

REFERENCES

Achebe, Chinua. "An Image of Africa." 336-49. Print. Achebe, Chinua. Things Fall Apart. New York: Anchor, 1994. Print. Arendt, Hannah. The Origins of Totalitarianism. New York: Harcourt, Brace & World, 1966. Print. Armstrong, Paul B. "Reading, Race, and Representing Others." 429-44. Print. Conrad, Joseph, and Paul B. Armstrong. Heart of Darkness: Authoritative Text, Backgrounds and Contexts, Criticism. New York: W.W. Norton &, 2006. Print. Kortenaar, Neil Ten. "How The Center Is Made to Hold in Things Fall Apart." Postcolonial Literatures: Achebe, Ngugi, Desai, Walcott (1995): 123-44. Web. 23 May 2010.

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Literature 327

THE STATE PEN: A TRAGIC SUCCESS?

____________________ NEWTON KNOWLES

DURING THE 18TH CENTURY as ideologies regarding punishment began to shift from retributive justice to restorative justice a movement towards incarceration and rehabilitation led to a series of penal reform and development. Despite these changes and contemporary improvements, the penitentiary system has remained in turmoil since it was first introduced. Overcrowding, recidivism, and the lack of facilities and resources are all problems that existed then and now. Although the key principles of the penitentiary have remained the same, the effectiveness of incarceration has done little to deter criminal acts and behavior. The noble failures of the penitentiary have created a larger problem for criminal justice as the United States continues to lead the world in incarceration populations. Is there a real solution in the prevention and punishment of crime, or will the vicious cycle persist into yet another reformation movement? Can we as a society continue to combat the harsh reality of human nature, or are we to accept the waning deterrence of the penitentiary? Judging from our history thus far, Americas 200+ year failed experiment has made little progress, and there appears to be no real solution in our near future.
The Assignment and the Writer: In LIT 327, The Literature of Crime and Punishment, I ask students to relate criminological theories to literary texts in order to provide insight and depth into both fields. Newton Knowles was assigned the heavy task of presenting to the class and then writing a research paper on the philosophy of the penitentiary, recidivism, and Benthams panopticon in conjunction with Malcolm Bralys American prison novel, On the Yard. A Humanities and Justice major, Mr. Knowles skillfully combines historical, philosophical, and literary insight in order to make the larger argument that our penitentiary system has become a victim of its own success. This is a sophisticated and beautifully written paper that represents interdisciplinary thinking at its best. -Professor Allison Pease

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Before we can begin to understand the history and philosophy of the penitentiary, as we know it today, we must first take a look into the philosophy of punishment. Prior to the days of organized society, self-preservation was the governing force behind prosperity and justice. The human quality of resentment led him [man] to even greater lengths than mere animal instincts would tend The sense of loss or wrong occasioned by acts which constitute latter-day crimes was appeased only by a vengeance which demanded immediate and summary reprisal (Alexander 235). We see the development of sanction authorities where the victims played a large role in deciding the fate of their offender. The eye for an eye principle enabled the state to act as agents for the victim in delivering justice, and punishment was often carried out in public forums out of revenge and for purposes of public humiliation. This concept also sought to deter individuals from criminal behavior by exploiting fear and embarrassment. In 1790 we see the birth of the United States first penitentiary designed to reform criminals. The Walnut Street Prison endeavored to replace corporal punishment with unremitted solitude to laborious employment to reform the offender and deter crime (Patrick-Stamp 353). This new philosophy of punishment and the penitentiary sought to restore the individual and deter the offender from further offenses; with that it was also expected that the threat of imprisonment would deter society as a whole from criminal acts. With offenders now being imprisoned as opposed to having their heads lopped off and being done with it swiftly, prisons became overcrowded and harder to manage. The difficulty in controlling large numbers of prisoners and the lack of appropriate infrastructure and personnel threatened the concept of the penitentiary system as a whole. Without the intervention of wardens such as Elam Lynds and reformist such as Jeremy Bentham, the concept of the penitentiary would have failed miserably. Elam Lynds was instrumental in the development of private cellular imprisonment and solitary confinement. The use of solitary confinement had its controversial ends and Elams philosophy of breaking the sprit of the criminal fostered pathological side effects in human personality that often made men worse than when they entered (Gill 314). The philosophy and concept of the penitentiary was still in danger, but with innovative architecture such as Benthams Panopticon, large prison populations became easier to manage and required less staff to operate as it took advantage of a prisoners self conscious fear of being watched. The Panopticon (all-seeing) functioned as a round-the-clock surveillance machine. Its design ensured that no prisoner could ever see the 'inspector' who conducted surveillance from the privileged central location within the radial configuration. The prisoner could never know when he was being surveilled -- mental uncertainty that in itself would prove to be a crucial instrument of discipline The Panopticon is a machine for dissociating the see/being seen dyad: in the peripheric ring, one is totally seen, without ever seeing; in the central tower, one sees everything without ever being seen" (Foucault). With the popular advent of the Custodial type prison structure, which was based solely on the concept of staff safety, populations still continued to increase. The shifted emphasis on mass storage rather than the rehabilitation efforts first

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intended continues to plague the United States today and has placed the country number one in the worlds ranking of prison population rate. It is ironic how a country established as the home of the free, making up only 5 percent of the worlds population, also houses 25 percent of the worlds incarcerated population (Vicini). These statistics provoke the efficacy of our criminal justice system and give rise to an even larger problem concerning re-entry and rates of recidivism. Recidivism is a term commonly used in criminal justice and is described as the tendency to relapse into a previous condition or mode of behavior (www.merriam-webster.com/dictionary/recidivism). Recidivism rates are used to assess how many released offenders are reoffending and returning to prison. In 2002 the Bureau of Justice The fact that about two-thirds of released Statistics released a study prisoners return to prison within three years that showed about two-thirds shows that our method of rehabilitation has of released prisoners being rearrested within 3 years of little effect on the criminal and that the release. The study also practicality of the penitentiary has not showed recently released progressed sufficiently to serve its deterrent prisoners being responsible for a large share of average purposes. arrests, also making up a large percentage of total crime. The data threatens the philosophy of the prison system, as it appears to be a reproduction factory for crime and criminals. The rehabilitation initiatives of the penitentiary theory seem to have lost their drive, but I would also argue that they never left the starting gate. Beginning with the Walnut Street Prison, the Eastern State Penitentiary, and the Auburn Penitentiary we see a succession of similar goals, similar problems, and the same failures. Each system was set up with rehabilitation purposes to address the need for correcting criminal behavior and preventing it from recurring; however there appears to be a major flaw in the design and substructure that begs the question of whether or not incarceration is effective. The fact that about two-thirds of released prisoners return to prison within three years shows that our method of rehabilitation has little effect on the criminal and that the practicality of the penitentiary has not progressed sufficiently to serve its deterrent purposes. The lack of efficacy is prevalent in Malcolm Bralys On The Yard. The transportation of the prisoners to a desolate out of sight location is reminiscent of early European philosophy that entailed sending prisoners to far away locations. The practice of sending convicts to the colonies such as Australia and America seem to come from the out of sight out of mind rational. This thought process also appears within the context of On The Yard where we see the disposal of the convicts without really addressing the problem. As a political society we tend to put the problem out of sight in order to appease our convictions against the failing prison system. The transportation (chapter 2) from the inner city and over the Golden Gate Bridge serves two purposes, first it relocates the issue to an out of sight location, and second it creates a physical barrier, by way of the Bay, between society and its convicts. The Golden Gates are also symbolic, as they literally close off the convicted criminals from the rest of society while placing them out of mind behind yet another

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barrier. Keeping with the out of sight out of mind theme we can also personify the concept through the sentencing judge in the beginning of the novel. The judgell tell it. Well, he the man today. Thats right, and tonight he wont even remember what we looked like (Braly 12). The judge, while representing the man or the institution of justice in incarceration, also represents the forgetfulness of the system in its responsibility to the criminal if we are to adopt a philosophy of rehabilitation. In the novel we encounter several characters that find their way in and out of prison on a consistent bases. Society Red has spent thirty years of his life in and out of jail, and Nunns casual familiarity and relationship with the system is shown through his narrative and dialog with other prisoners and personnel. During intake the way in which Nunn ran the routine briskly as if it were an exercise they [he] had performed often, and took a sort of pride in knowing well (34). This shows how acquainted Nunn has become with the prison system and what little effect it has had in shaping his life. During a group session Watson throws a curve ball at the prisons attempt to restore criminals through therapy when he says Ive been confined almost two years now, and I see no point in further imprisonment, further therapy, no point whatsoever since theres absolutely no possibility Ill do the same thing again (108) Is there a possibility that Watson is correct in his assessment? He seems to be making a statement about a system that quantifies justice in terms of years served rather than restoration and success. The odds and statistical data are against Watson in his statement, but is someone capable of committing such a serious crime more than once? Has he really learned from his crime or will he be included in the twothirds that reoffend? Jonathan Lethem in his introduction plays with this idea, but the controversy of the possible answers to these question serves as the lynch pin in moving forward after incarceration. What options and incentives are available to those who come home? How do we address and succeed in prisoner re-entry? Prisons Are Not for Punishment elaborated on the text that the bare fact of confinement was a heavy punishment, a sufficient punishment, and that this time should be spent by an inmate as comfortably and constructively as reasonably possible (68). This statement by warden Sheeley is not far off from the intent imposed by warden Elam during the prison reformation of the 18th century. This philosophy has been the hallmark of the penitentiary since its inception, but the fact remains that more and more return to prison upon release, over 50 percent in warden Sheeleys case. Curiously enough the inmates of Sheeleys prison have nicknamed the guards referring to them as the Custody; the term is also reminiscent of Elams Custodial Prison approach, which emphasized personnel safety over the needs of prisoner rehabilitation. The effects of such approach have done more damage than good often influencing non-violent offenders and by extension the contribution to higher recidivism rates. As Manning made his way through the prison yard and through all the cat-calls and jeers the thought that disturbed him was that he might be changed as these men must have been changed, shaped and molded to fit the habits and passions of this thousand-legged animal that was greeting them with such savage and contemptuous mockery (37). The pathological side effects of the custodial type incarceration again remind us of Elams philosophical approach to the

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penitentiary. In a way we can almost mistake Elam and Sheeley as one of the same person bringing this work of fiction into the realm of realitys past and present. The startling success of the penitentiary system has changed very little when we take a step back and look at the bare root foundation from which it was built on. Looking at the overall timeline of events the same problems exist today as it once did prior to formal incarceration and post reformation. Overcrowding and lack of facilities are as much of a problem today as it was in 1790. Juleson best sums up the situation when he says to Manning that the jail business is picking up. When they built this place they had no idea how popular it was going to become (42). I can imagine the same thought process going through the minds of the nations first wardens. Paul Butler in his manifesto Lets Get Free: A Hip-Hop Theory of Justice, criticizes the American justice system and calls for reform in the way we criminalize and sentence non-violent crimes. Butler notes how mass incarceration changes the way that people think about crime and punishment, and how the overall quality of life diminishes proportionally with the amount of people we incarcerate. The most effective long-term strategy for helping victims is working to resolve the conditions that create the crime. When we address the conditions that breed antisocial conduct, we honor victims in the most meaningful way (Butler 1208). The state of California alone has more prisoners than France, Great Britain, Germany, Japan, Singapore, and the Netherlands combined (Butler 323). The perverse popularity of the penitentiary has been reflected in the high rates of recidivism and vast prison populations. We can interpose people like Paul Butler as one of todays prison reformist who seek alternatives and solutions to the epidemic. The patchwork solution to criminal behavior has caused leaks to spring in all other areas of the penal system calling for new era of reformation. Re-entry programs, problem solving courts, and community corrections have led the initiative in restoring the penitentiary to its original philosophical luster; a system built to rehabilitate and correct, not put away and forget.

REFERENCES

Alexander, Julian P. The Philosophy of Punishment. Journal of the American Institute of Criminal Law and Criminology. 13.2. (1922) 235-250. Northwestern University. JSTOR. Web. 13 Nov. 2010. Butler, Paul. Lets Get Free: A Hip-Hop Theory of Justice. New York, New York. The New Press, 2009. Kindle. Braly, Malcolm. On The Yard. New York Review of Books. 2002. Print. Foucault, Michel. Panopticism. Discipline & Punish: The Birth of the Prison. New York Vintage Books. 1995. 195-228. URL http://cartome.org/panopticon1.htm. Web. 13 Nov. 2010. Gill, Howard B. Correctional Philosophy and Architecture. The Journal of Criminal Law, Criminology, and Police Science. 53.3. (1962) 312-322. Northwestern University. JSTOR. Web. 13 Nov. 2010. Jackson, N. Incarcerated: The History of the Penitentiary From 1776-Present. History And Thought of Western Man, Rich East High School. (1997). URL http://www.richeast.org/htwm/jails/Jails.html. Web. 13 Nov. 2010.

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Meskell, Matthew W. An American Resolution: The History of Prisons in the United States from 1777 to 1877. Stanford Law Review. 51.4. (1999) 839-865. Stanford Law Review. JSTOR. Web. 13 Nov. 2010. Patrick-Stamp, Leslie C. The Prison Sentence Docket for 1795: Inmates at the Nations First State Penitentiary. Pennsylvania History. 60.3. (1993) 353382. Penn State University Press. JSTOR. Web. 13 Nov. 2010. Vicini, James. US Has the Most Prisoners in the World. Common Dreams. Org. (2006). Reuters. URL http://www.commondreams.org/headlines06/120901.htm. Web. 13 Nov. 2010.

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Literature 327

CRIMINAL TYPE IN JOSEPH CONRADS THE SECRET AGENT

____________________ JOHN SODARO

WOULDNT IT BE NICE TO PEER THROUGH A CROWD and pick out a criminal who was pondering a crime? Today, police officers and military soldiers can profile, to a certain degree, individuals whose actions can be perceived as shady. However, knowing who is a real criminal may be impossible before a crime is committed. In the mid-nineteenth century, there were many minds who thought they could pinpoint a criminal by the physical features they inherited. If this sounds like racist stereotyping, it is, but the founders of this thought referred to it as scientific. Joseph Conrads novel, The Secret Agent, looks to dispel the myth that physical characteristics can be used to define the born criminal and presents the reader with a new criminal type that will induce psychological and physical fear in modern society.
The Assignment and the Writer: This carefully controlled, yet deliberately unsettling analysis of the "criminal type" in Joseph Conrad's novel THE SECRET AGENT (1907) was John Sodaro's response to an essay assignment in LIT 327. Crime and Punishment in Literature. As he examines the novel's concernsincluding anarchism, criminological theory, and the explosive potential of everyday life in a culture of violenceJohn deftly extends Conrad's concerns to our own time. -Professor Bettina M. Carbonell

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Early in the novel we are introduced to the anarchists who are engaged in banter about the wrongs of capitalism in society. They are spewing their rhetoric in a parlor inside the house of Mr. Verloc, the actual secret agent. Verlocs brother-inlaw, Stevie, is the character that the text uses to strip away the idea that physical features can somehow determine criminal types. During the meeting inside the house, Joseph Conrad pans the house and brings us, through narration, to young Stevie. Conrad uses very direct words in his first description of innocent Stevie, which is how Verloc views the boy. He then goes on to show what Stevie is doing on the floor, .drawing circles, circles, circles, innumerable circles, concentric, eccentric. (Conrad 44). These circles and the quick description of his physical features, ...his thin neck, sunk into the deep hallow at the base of the skull (Conrad 44), start to give us a glimpse at the time periods thoughts on who might be considered criminal. The simplicity of the first description of innocent Stevie and its placement as the first description show that the text wants us to consider that these thoughts are wrong. The theories of physical characteristics defining the born criminal are derived from Dr. Cesare Lombroso. Lombroso's theory of anthropological criminology stated that criminals could be identified by their physical features. Lombrosos work relied on the concept of atavism, the idea that criminals were a sort of evolutionary throwback to an earlier stage in human evolution (Schaefer 126). Using case studies, mostly through autopsy, he classified criminals as born criminals, criminaloids, and insane criminals. He used physical features and experiments on criminals sensory organs to make these classifications. With the description of Stevie in the novel, Conrad uses Lombrosos theory to make us believe Stevie might be classified as a born criminal or borderline insane criminal; why else would his pencil keep rotating in 360 degree motions around the paper? Ossipon, the ex-medical student turned published anarchist, looked in amazement at Stevie. He was in favor of Lombrosos theory and spoke out about the drawings. Very good. Very good characteristic, perfectly typical..Typical of this form of degeneracy-these drawings, I mean (Conrad 45). Ossipon uses this to start a debate about the teachings of Lombroso to also comment on the ears of Stevie; those lobes of young Stevie arescientificallya very good type. Conrad uses Ossipon to express the teachings of Lombroso. Ossipon was an ex-medical student and Conrad utilizes him to express the flaws in Lombrosos teachings. Ossipon looks down at Stevie as a degenerate but in reality, Conrad shows us that Ossipon turns out to be the true degenerate, preying on women and ultimately stealing Winnies (Verlocs wife) life savings. In the same meeting at Verlocs house, the old anarchist Karl Yundt, also expresses his feelings about the teachings of Lombroso: Lombroso is an ass (Conrad 45). He then goes on to do what some critics of that time period did to show how Lombrosos theory didnt hold water. He explains that physical features alone have nothing to do with the criminal type. In his view, sociological factors (not genetics) were the way criminals were introduced into society. And what about the law that marks him still betterthe pretty branding instrument invented by the overfed to protect themselves against the hungry? Red-hot applications on their

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vile skinhey? Cant you smell and hear from here the thick hide of the people burn and sizzle? Thats how criminals are made for your Lombrosos to write about. (Conrad 46). Yundts idea of criminals is based on the haves and have nots, the rich and the poor; criminals are made by society from the poor trying to survive while the rich keep branding them inferior to stay on top. This was one criticism on Lombroso at the time; people who believed that the social problems with the poor and crime rates were easily swept under the carpet with these physical feature theories about the identity of the criminal. Gabrielle Tarde was one of the most outspoken critics of Lombroso at that time. Tarde rejected Lombrosos findings due to the omitting of social problems. Among these, Lombroso declines to include such factors as poverty and alcoholism, as well as the long-term effects of criminal involvement; The same is apparent concerning race, ethnicity, social class, economics, and intelligence (Arjunan par. 21). Most, like Tarde, believed theories like Lombrosos made the ruling class feel better about ignoring the social problems at hand. The text, in fact, shows that the supposed physical criminal, Stevie, is the one shaken by Yundts graphic words. Stevie goes into a sort of shock at the images of branding, which is a far cry from what someone like Ossipon might think of Stevie, due to his ear lobes. This new criminal is the one society Throughout the novel, Conrad uses should fear the most; he will kill at any Stevie to disprove the theory that physical characteristics can given moment, he has one reason for somehow provide foresight into a living (in this case the perfect persons character. Stevie might look like a throwback to evolution detonator), and he is intelligent. but his character is pure and his innocence is not twisted because of his physical features. During the cab ride to drop off his mother, Stevie shows why he is the character Conrad wants the reader to see as moral. His simplistic use of two words to the cab driver, Dont whip shows his compassion for a horse that has lost its giddy up. When the cab driver slashed at the back of the worn-down cab horse, Stevie shuddered, You mustnt.It Hurts. (Conrad 132). The sight of the whipping drove Stevie to leap from the cab. The way Stevie was convinced to get back in the cab was Winnie explaining how upset Mr. Verloc would be once he heard about Stevies actions. The idea of Mr. Verlocs grief and unhappiness acting as usual powerfully upon Stevies fundamentally docile disposition, he abandoned all resistance, and climbed up again on the box, with a face of despair. (Conrad 133). Conrad expresses his thoughts on Stevie and how this young mans concern for the horse and his loyalty to Verloc are a far cry from how someone like Lombroso would perceive Stevie due to his physical features. This nave loyalty ultimately leads Stevie to follow Verloc in a puppy dog fashion. Its Verloc, not Stevie, who sets up the Greenwich bombing and lets the simple Stevie walk up the volatile bomb. The novel shows us the possibilities of how criminals become criminals, whether the cause is sociological or physical, but also shows us a new criminal that the Lombrosos of the world have yet to categorize. The Professor, a bomb maker,

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shows up sitting in a dank bar sipping his cold brew, but his character is colder then the beer he clutches. He is the new criminal the world should worry about. Ossipon finds him in the bar after discovering the news of an explosion. The text describes the Professor as not being physically scary, but his demeanor is enough to give the robust Ossipon the creeps and keeps him on edge as he discreetly probes him with questions about the explosion. The Professor is described numerous times as cool, whether referring to his speech, the way he sips his beer or his description of having no fear of dying. This new criminal is the one society should fear the most; he will kill at any given moment, he has one reason for living (in this case the perfect detonator), and he is intelligent. Ossipon dances around the big news of the day, the explosion at the observatory, and is amazed that the Professor is not even intrigued in the slightest of ways. But as he gave no indication of curiosity, Ossipon ventured to add that he had heard about it just outside the place. (Conrad 59). Ossipon heard the news so how could this man who was sitting right inside not have heard the news? Everyone was chattering about the explosion. The shaky Ossipon continued his questions, Its a wonder that you of all people should have heard nothing of itYou of all people. (Conrad 59). The Professor has no regard for the loss of life that one of his bombs has created but his concern lies with the perfection of the perfect detonator. This lack of concern about this major event troubled Ossipon. Conrad thus offers us a way of thinking about the new criminal. This new breed is not concerned with anything outside his bubble, a frightening aspect for someone like Ossipon to grasp. The Professor also shows his intelligence, which is the thing that separates him from the old definition of a born criminal. He is not a throwback to human evolution at all; he is the criminal who has evolved. When Ossipon questions about whether he is afraid of being brought in by the police, he gives his answers in a cool fashion. I dont think theres one of them anxious to make that arrest. I dont think they could get one of them to apply for a warrant. I mean one of the best. Not one. (Conrad 60). The Professor is talking about his willingness to sell explosives to anyone, and he doesnt fear arrest because they can lock him up for selling explosives without a license but no police officer would risk that, knowing that he is as unstable as some of his detonators. I shall never be arrested. The game isnt good enough for any policeman of them all. To deal with a man like me you require sheer, naked, inglorious heroism. (Conrad 60). This dingy little man in spectacles will not go down because he keeps an explosive device at the ready masked in a glass flask in his coat pocket, and he assumes everybody, including the police know this too. The true significance of why the new criminal is so eerie is explained by the criminal himself. The Professor knows who he is and why he is different. He has all his mental capacity and his delusion only comes from pure destruction. The so-called anarchists who do nothing but chatter, are weak; a man and his destruction device have all the power in the world that the ruling class could never suppress. As the Professor observes, The terrorist (Karl Yundt) and the policeman come from the same basket. Revolution, legality-counter moves in the same gameBut I dont play; I work fourteen hours a day and go hungry sometimesIve got the grit to work alone, quite alone, absolutely alone. Ive worked alone for many years.

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(Conrad 64). This shows that the professor, in his mind, is more dedicated to his goal than the police are about crime and the babbling terrorists are about terrorizing. The new breed that Conrad shows us is the criminal that will progress through time. The new criminal is one who goes undetected while sociologists and scientists try to theorize who criminals are and why they commit crime. Conrad expresses through the text that Lombrosos theory is irrelevant in defining a born criminal. Conrad shows us that the best natured character, the one character that seems flawed by physical traits, is actually Stevie. Even though he has the features Lombroso would have pinpointed as deviant, he is the one constant in the novel that is truly good. Nothing in the text suggests that Stevie can be considered savage-like. He questions all bad things, and ultimately is sacrificed in the bombing by an unsteady detonator and the deviant will of Verloc. The good character dies at the hands of all the true criminals who are trying to define crime in the novel. Physical characteristics have nothing to do with character itself. Stevie is lured by a criminal element to place a bomb at the Royal Greenwich Observatory and Conrad shows his vulnerability in his death. The big ear lobed Stevie is not the one we should be watching. The new criminal is out there. Alone, tapping at a flask in his pocket, afraid of nothing, he will not be captured alive and his willingness to take you to Deaths door with him is our new future criminal.

Arjunan, Mehala. Cesare Lombrosa. Nov 27, 2000. http://www.crimology.fsu.edu/ crimtheory/lombroso.htm Conrad, Joseph. The Secret Agent. New York: Barns and Noble Classics, 2007. Print. Schafer, Stephen. Theories in criminology: past and present philosophies of the crime problem. New York: Random House, 1969. Print.

REFERENCES

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Literature 372

WHO IS THE REAL MERCHANT? JANCOFIORE, SALABAETTO, AND THE BUSINESS OF PALERMO
____________________ MARLENA NADLER

THERE IS A LONG LITERARY TRADITION OF TELLING TALES ABOUT TRICKSTERS , those who scheme and swindle others by preying on the blind spotsthe naivet that we all have. Stories about trickery are popular because tricks take place every day in all kinds of relationships. Tricksters use wily intelligence, first, to determine where the weaknesses lie in others so that they can exploit these weaknesses to better themselves; they use it, just as importantly, to determine the time frame within which it is safe to act. Tricksters must guard against certain kinds of error: for one, the miscalculation of victims intelligence; for another, in the case of tricksters who calculate correctly and succeed the first time, the inclination to repeat the trick again and again, courting danger each new time. The tenth story of the eighth day of Boccaccios Decameron (1348) concerning the merchant Salabaetto and Madonna Jancofiore, the seductive embezzler, who schemes to steal his money when he docks in Palermo, depicts an elaborate trick and counter-trick. In the story this man and woman go to great lenths _________________________
The Assignment and the Writer: Marlena Nadler wrote this essay about the tenth story of the eighth day of Boccaccios Decameron (1348) during the Fall 2010 semester in Topics in Early Modern Literature (Lit. 372), a course that examined motifs of trickery and crime in early modern narrative and drama. Students in this assignment analyzed the behavior of merchants Salabaetto and Jancofiore in Decameron 8.10 in relation to prevailing early modern business practices. They examined whether Boccaccios characters would be likely to define the duties of a merchant in the same way that Paolo di Messer da Certaldo does in his treatise on business ethics The Book of Good Usages (ca. 1320-70). Ms. Nadlers analysis of the relevance of da Certaldos precepts to Salabaettos and Jancofiores actions recasts these characters in new roles. Ms. Nadler unlocks secrets of Decameron 8.10 in this essay and argues effectively for a bold new interpretation. -Professor Margaret Escher

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to exploit each others blind spotsto gain each others trust under false pretensesas they play against each other for ever higher stakes. While both engage in mercantile activities, they approach the work with different levels of expertise and from different perspectives. Salabaetto is a new inexperienced merchant and, as the reader eventually learns, not committed to remaining one; Jancofiore, who resides at the port, is more experienced and dedicated to the mercantile environment of the city, having established herself as a major figure in the Palermo seaport. However, rather than trade openly in the marketplace, she operates on the illegitimate fringes of the mercantile world, tricking men out of cargo and money. In Decameron 8.10 she chooses Salabaetto as her victim and defrauds him of much of his wealth. At the end of the story, Salabaetto, his wealth restored thanks to his counter-trick, yet at the same time disillusioned after his close call with Jancofiore, renounces the merchant world altogether. Readers, having observed how poorly suited Salabaetto is Jancofiore . . . knows well how to to hold his own against a ruthless conserve her wealth: she balances living competitor, will be relieved at his decision. However, while Jancofiores well with watching the bottom line and criminal approach to attaining profit in spending only what she needs to. the mercantile world seems to delegitimize her and to legitimize her adversary, I shall argue in this paper that Salabaetto is less legitimate than he seems, his focus on short-term profit over thrift more troublingthat the character who seems the storys hero is really its outcast and the one who seems its villain, is really its model citizen. Women in fourteenth century Florence who wanted independence had few options. A woman like Jancofiore would have been barred from engaging in typical mercantile activities, especially from traveling and selling goods abroad. Further, women who did support themselves or their families were usually poor (Lansing, 1997) and those who had more money had less freedom and were closely guarded (Lansing, 1997). If Jancofiore seeks independence and wealth, she has few options other than the one she has chosen. Jancofiore, an independent woman whose chosen business undermines legitimate business practices by luring merchants under false pretenses into handing over their goods, aspires nonetheless to be a good member of the business community of Palermo. Because of her few options in life, the role she has chosen has enabled her to overcome normal restrictions imposed on those of her gender, awarding her more freedom and a better standing among merchants than she could have otherwise had. Although the narrator states that Jancofiores sole aim and the sole aim of the women of her occupation is not so much [in] fleecing men, as [in] skinning them wholesale (Boccaccio, 1995, p. 633), he also states that she and her counterparts trick only merchants from foreign parts (p. 633) and do so as a profession, not as a hobby. That is, Jancofiore and the other port tricksters treat their conniving behavior as respectable business tactics within the merchant world. We can infer as well from the willingness of dock officials and others to do business with her that her occupation does not offend the community of Palermo. On both occasions that Salabaetto checks in at the port, Jancofiore finds out through reliable

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inside sources the content and value of his cargo (p. 633 & p. 640). Additionally, she is allowed access to Salabaettos merchandise by the broker. These descriptions suggest that Jancofiores connections in the merchant world of Palermo run deep and that her knowledge of business practices runs much deeper than Salabaettos. Jancofiore recognizes that Salabaettos ignorance in areas of her expertise constitute an exploitable kind of blindness. Salabaetto is unfamiliar with both the people of Palermo and the world of the merchant in general. Although he is told of Jancofiores financial status as well as her occupation and habit of tricking men, he could never imagine for a moment that the same thing would happen to him (p. 636). Having newly entered the merchant world, he is excited to travel and focusing more on what the city could offer him in the way of amusement (p. 632) than on unloading his goods and returning home. However, aspects of Salabaettos attitude toward his newly chosen profession are disturbing, in particular his lack of interest in learning how to do his work well. There were moral standards to which merchants ought to have adhered during this time period, and a guide for merchants written during the time explains some of these. According to al-Dimishqi a new merchant who focuses more on amusements during a business trip is not aspiring to be a good citizen in the world of merchants. Merchants also must not spend money for which [they] are not adequate and which [they] cannot keep (al-Dimishqi, 1990, p. 412). Salabaetto violates al-Dimishqis guidelines concerning the conservation of wealth. His willingness to loan money to Jancofiore suggests that he is not functioning as a mature and sensible merchant. His immaturity constitutes a second form of blindness, which when combined with the first, his inexperience, makes him an irresistible target for Jancofiore. Further demonstrating Salabaettos lack of understanding of the workings of the merchant world is his initial lack of action once he realizes Jancofiore has tricked him. He is too ashamed to file a public complaint (Boccaccio, p. 639) and only contemplates counter-tricking Jancofiore out of a fear that his lapse should be discovered (p. 639) and in the face of his principals demand for their money. His decision to act grows not from concern for professional ethics but from fear of public disgrace, demonstrating that his motivation is self-oriented. The merchant Salabaetto seems neither concerned that he lacks trade contacts nor motivated to build them in Palermo. His actionsfrom his first response to Jancofiores flattery to his last manipulation of her blind spot in order to guarantee the success of his counter-trickare self-serving, as too are his flight from Palermo and decision to retire from commerce (p. 644). That he made merrycelebrating his success for several days on end in Naples, again shows his lack of understanding of how to conserve wealth, for, although his counter-trick of Jancofiore does yield a profit, the amount is not large enough to compensate for the loss of income associated with quitting his job. Salabaetto still has much to learn about conserving wealth and finding his place in the world. In view of his many flaws, it is not surprising that Salabaetto, unfamiliar with the ways of the mercantile world, is scared off when he discovers, upon being defrauded, that this world is a dangerous place. Prone to shame, he tricks Jancofiore

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(baiting her to repeat her initial trick) in order to recover his moneyand earn a tidy profit in additionso that he may repay his debts and return home unashamed. He does not challenge himself to learn the rules of businesshe simply wants out. Jancofiore, on the other hand, knows well how to conserve her wealth: she balances living well with watching the bottom line and spending only what she needs to. Additionally, the fact that Jancofiore is in the business of tricking foreign merchants speaks, from the perspective of fourteenth century mercantilism, to her role as a good citizen in the merchant community, inasmuch as according to alDimishqi, one rule for succeeding in business is that whenever a merchant realizes that a certain branch of trade brings him good fortune, he ought to devote himself to it (al-Dimishqi, p. 411). Jancofiore finds that tricking foolish men into giving her their money brings her good fortune and reinforces her stable position in Palermo. She thus devotes herself to it. Salabaetto, on the other hand, has never had fortune and, as soon as he has any, squanders it in riotous living (Boccaccio, p. 640). Although Jancofiore keeps the money that she has tricked Salabaetto into giving her at home dead, she does not unprofitably stand by. Rather, she unprofitably actsin an attempt, ultimately unsuccessful, to leverage the theft into more money. Salabaetto, realizing the personal consequences of his catastrophic financial loss, does act but, from the perspective of mercantile ethics, for the wrong reason: not to keep his trade contacts and maintain thereby a viable career, but to preserve his dignity and, by restoring funds, to leave mercantilism altogether. His actions are not driven by a desire to be a good citizen in the community of merchants. In contrast, such evidence as her ongoing relationships with workers at the dock and with the broker she summons to negotiate a contract suggest that Jancofiore, criminality notwithstanding, is an upstanding member of the business community. Nor does she exercise unfair advantage over prospective foreign victims: they all receive warning from locals of her true nature and only those who ignore it, like Salabaetto, get tricked. Jancofiore pursues the one branch of mercantilism open to her as a woman. By plying her trade diligently and to the advantage of other merchants in her town, she is able to be more independent than she would otherwise be. While Salabaetto departs Palermo in the flush of the success of his counter-trick, the winner in the long-term will be Jancofiore who knows where she stands in the world and why.

REFERENCES

al-Dimishqi, A. (1990). The beauties of commerce. In R. Lopez and I. Raymond (Eds.), Medieval Trade and the Mediterranean World (pp. 410-416). New York, N.Y.: Columbia University Press. Boccaccio, G. (1995) Decameron. (G.H. McWilliam, Trans.) Suffolk, England: Penguin Books. (Original work published 1972). Lansing, C. (1997). Gender and civic authority: Control in a medieval Italian town. Journal of Social History volume 31 (number 1), 33-59.

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English 397

KANSAS TIME
____________________ GEOFFREY MILLAR

MY GRANDPARENTS LIVED IN A HOUSE WITH TWO STORIES , a basement and an attic. The house was on a huge lot, typical, because everything is spacious in the Midwest. Maybe everything seemed bigger because I was younger. And I came from a city where people would murder and cheat for any space at all. Its all flatlandsno mountains in sight, states of pure range. Theres a line, bold but minor, that separates the ground from the sky, and its easiest to see when the sun rises and sets. Plains stretch to feel like they cover the world, endlessly. The attic felt yellow, one of those places where, even though I never spent much time there, I can still close my eyes and remember it vividly. It smelt of light and dust. I dont want to say it was riveting, but I cant think of a better word. You couldnt walk, but rather hunch and step carefully on slats to move around. Boxes flanked the walls, some rotting, others with cobwebs leading to unseen spiders. Some days I would be asked to retrieve something up there, and would march faithfully on the slats to find whatever needed to be found. Other days I would unlatch the door to look in when there was nothing else to do.
The Assignment and the Writer: Geoffrey Millars Kansas Time was written for English 397: Advanced Fiction Writing. In this episodic story about a young mans relationship with his immigrant grandparents, Geoffrey builds upon skills learned in earlier writing classes, using evocative details and quiet dialogue to create a time and place where life lessons are learned subtly and realistically during a cold Kansas winter. -Professor Adam Berlin

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There was one butcher in town who was kosher, and every Tuesday my grandmother and I would drive there. Id kick a stone and walk to the car. Always another duty, with me waiting to perform it. The problem was they moved so slowly and I had so much energy. I headed for the back seat, but my grandfather stood at the door and commanded, Sit up front with your grandmother. I felt warmth from her. My grandfather sighed in the back. The older you get, he said, the quicker time goes. I didnt know how to respond because kids dont know how to talk about age; they can only feel it. My grandmother smiled, and asked me to describe life outside of Kansas. In the shop, she would lean on the glass and chat with the butchers wife, switching languages as casually as topics. While they updated each other, I charted the entire store. I shot her glances from every corner, hoping shed notice I was ready to leave. I stood next to her staring up, trying to act resigned, tapping my foot the way Id seen in cartoons. She chatted away. Already past boredom, I went out front to swing on parking meters. Everything at the butchers had a muted pink glow that was absorbed through the sawdust spread on the floor and felt like a combination of old and new. All of the other errands we had to run she didnt like as much and asked that I translate. We went to return a pair of shoes because the sole wasnt stitched properly, which she said would split the seam and cause the whole shoe to come apart in cold weather. When I explained this to the clerk he gave me a curt nod and went to fetch another pair. Back in the car, she told me I had learned well and would be fine on my own. My grandmother didnt have a license when they moved and never bothered to get one. She picked up driving as quickly as she learned the streets. Kansas City is flatthe planning is grid-like and easy to navigate. When I first discovered my grandmother didnt have a license I asked what we would do if she got pulled over. There are bigger fish to fry than worrying about such things, my grandfather responded. There was a mezuzah on the front door frame, and when Id pass it Id take a deep breath and tell myself get ready, here you are. It wasnt anything special, just an object like anything else. But theres something about entering the homes of elders that feels like crossing through a portal. When youre young you usually dont know how to handle it, so everything feels like a chore, or everything is garnished with some unnamable essence. Time, maybe. Kansas always felt like Kansas, same smell, same air. I know families have different ways for entering their homes. I was taught to kiss my forefingers, press them onto the mezuzah, and then enter. Mornings my grandfather would sneak me a sip from his coffee when my grandmother wasnt looking. Most of the time it was too hot and Id burn the roof of my mouth. My grandfather would drain the mug in two or three gulps, the porcelain still releasing steam after he had put it down. If my grandmother caught him, theyd hurl insults at each other in tongues, aggressively asserting their views on child

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rearing, which soon distilled into what they actually wanted to argue about: themselves, their problems with each other. Breakfast was hardboiled eggs and dinner was broth and bread, cuts of sturgeon or herring. Everything had a smell and taste of brine. Other cultures have the most beautiful dishes. India has its curries that marinate. Mexico has plates that look as soft as flowers. In Jewish culture everything is boiled, like theres a deliberate want for everything to have less flavor. Steaming, heaping masses ofcabbage. No, our food is different. Most of it looks like it was made on the run, and then thrown, on the run, into a Ball jar. Every dish has the same underlying smell, the same underlying pulse as if to announce: this is Jewish. Most of the time I spent in Kansas, I worked. There were seldom day-lit moments where I wouldnt be taken advantage of as the third hand. Days without work were cluelessly spent in a daze wandering, not knowing where to invest my fun. Suddenly everything could become an option since there wasnt anything around, and I wouldnt know what to do. Eating was the worst. Once, for a week straight lunch was a bowl of broth, either lukewarm or piping hot accompanied by a slice of stale bread. Days my grandmother thought I worked harder, the thicker the broth, and days less so, the more diluted. I am certain she took pride in starving me. My first time sitting in front of the broth I complained and in an instant the bowl was whisked from under me and that was the end of lunch. The second time I looked like I wanted to cry and the same thing happened without so much as a glance. My grandfather ate stoically when this happened, and had a way of not looking at me. I told myself I would do my best to imitate him. The third time I sat and held back any iota of feeling as best I could and ate ravenously. One day my grandfather drove me deep into the plains to visit his friend Moshe who had a sauna. We drove a long way. The sauna was a small chamber of redwood built next to a lake. The redwood was imported and was Moshes pride and joy, something he would never stop talking about. The snow had picked up and the edges of the lake were starting to freeze. I hunkered in, following my grandfather. The interior smelt of salt, sweat, and sometimes distilled vodka. Three men were already present to our two; an almost-minyan inside a steaming room. Two of the men held small glasses, and the glasses sweat as well. The heat was thick like soup. Each breath filled my lungs, unplugging my nostrils when I exhaled. Like biting cold that cuts through clothes, the heat penetrated, and my heart beat faster before I could feel the heat pressuring my skin. One man cracked a joke in Russian and poured his vodka on the rocks after laughing abruptly, and the rocks let out a hiss and cackle. Moshe stood and walked outside to jump in the lake. I went along. Outside the snow melted before reaching my skin, my body steaming like a mug drained of coffee. I watched Moshe walk into the lake, vanishing. I rolled in the snow and watched it turn to water until I got cold enough to go back inside.

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Everyone was eating tomatoes that were lucent red, juice sluicing down chins with each bite. My grandfather, without looking, handed me one, and threw a rind to the rocks. I was happy to be there with him. Whether or not I sat next to him, I felt older for going along. I let the heat clean the juice off my chin. After finishing I stood. Where are you going? my grandfather said. Lake, I said. Ill go too, Moshe said. Snow fell ceaselessly. This is where tornadoes come from, Moshe said. I looked across the expanse. I tried to exhale the way everyone in the sauna did. The sky is an ocean, heavy and full. Snow plasters the ground making everything look forlorn. Every direction feels the same. Years can pass like days here. In the summer, a breeze can make the fields tide. Everything like Siberia, nothing like Siberia.

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Literature 498

AGAINST REVENGE: THE DOWNFALL OF VENGEFUL CHARACTERS AND THE REASONS THEY FALL
____________________ SARA MOHARREM

SEVERAL EARLY MODERN SECULAR AND RELIGIOUS TREATISES which address the issue of revenge are against it, for reasons which range from revenge rendering people un-Christ-like, to the desire to seek revenge going against masculinity or the traits that constitute a reasoning man, to even claiming that taking revenge is Gods, not mans duty. Similarly, early modern revenge plays, such as The Revengers Tragedy by Thomas Middleton/Cyril Tourneur and The Duchess of Malfi by John Webster, seem to be against the concept of revenge. Though the plays initially revel in the qualities excoriated in the treatises, the arguments against revenge which are made in the treatises can all be traced through the second halves of the plays, showing why seeking revenge will necessarily lead to a vengeful characters downfall. _________________________
The Assignment and the Writer: LIT 400 Senior Seminar in Literature is one of the capstone courses for our new English major; 16th and 17th-century revenge was the focus for my iteration of the course. Students first read revenge tragedies, then didactic works of the period addressing the morality of revenge, and finally, 20th-century scholarship analyzing early modern revenge; they wrote essays at every stage of this process. This mid-semester essay asked students to consider the views on revenge variously offered by plays and didactic literature. Sara Moharrems essay nicely catches the seeming differences and underlying similarities of these two early modern genres of writing on revenge. -Professor Margaret Tabb

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One of the most prevalent arguments against revenge in religious treatises is that revenge renders man un-Christ-like, when all men should strive to be like Jesus Christ, the highest example of a good man. In A Prayer for our Enemies (1551), Thomas Becon prays that God will make men follow the example of [His] son Jesu Christ in that we forgive our enem [sic]. . . speak well of them. . . [and] love them (3).Becon is most likely referencing the event of the crucifixion when Jesus said, Father, forgive them; for they know not what they do (Luke 23.24). Just like Jesus, Becon says Christians should forgive their enemies, and not seek revenge. Similarly, the Homily Against Strife and Contention (1547) also asserts that revenge should not be sought out because men are to follow the example of Jesus Christ who forgave his enemies. Jesus Christ who forgave his enemies. The second part of the sermon says that Christians should auenge not [them] selues. This assertion is followed by a marked question which poses: Ought not one sinner to forgive another, seeing that Christ which was no sinner, did pray to his Father for them that without mercy and despitefully put him to death? (Homily 6). This argument is even stronger than Becons because it claims that all men are sinners, and that forgiveness should be granted to one man by another because both men have sin in common, or have sinned at least one point in their lives. And if a man were free of sin, as was Jesus, even then he should forgive his enemy, because Jesus did so. Therefore, forgiveness is necessary in preventing revenge, or, where there is forgiveness, there is not only the absence of contention, but also the absence of vengeance. Thus, Jesus Christ and the revenger are presented as diametrically opposed. The emphases on forgiveness in the religious treatises can be supplemented by Francis Bacons secular treatise, Of Revenge (1625). Although he does not mention forgiveness per se, he argues against revenge because to seek revenge is to essentially live in the past. He says, That which is past is gone, and irrevocable; and wise men have enough to do, with things present and to come; therefore they do but trifle with themselves that labor in past matters. The crux of Bacons argument is that revenge cannot change the past, but will in fact make a man even with his enemy in that the man who seeks revenge is no better than his enemy (Bacon 1). If the man is wise, he will live in the present and look forward to the future instead of straining himself about matters that he cannot change and wrongs he cannot redress. The pre-occupation with the past that Bacon warns about, and the potential destruction that could arise from not being able to forgive ones enemy as discussed in the homily and in Becons essay, are evident in Vindices character in Revengers Tragedy, and are the main characteristics that lead to his demise. Vindice is the epitome of a character who cannot forgive and who continues to live in the past. This is evident in the opening of the play when Vindice is speaking to what has now become the skull of his poisoned lover, still sighing oer deaths vizard (1.1.49). If his dead lover has now become a skull, we are led to believe that she has been dead a very long time, and Vindice still continues to live in the past and carry this reminder of the past with him at all times, suggesting he is like those that labor in past matters as discussed by Bacon. Thus, Vindice lives a life in which he is in constant vengeance and his quaintness of . . . malice [is] above thought (3.5.108-9). Vindices character and role in Revengers Tragedy

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demonstrate how literature, and revenge tragedies in particular, begin by focusing on, even celebrating the same revenger excoriated in the religious and secular treatises. However, these characters inevitably fall by the end of the play, thereby demonstrating the validity of what the treatises prescribe. But, this demonstration does not occur before the entertainment element of literature and performance has taken its course. There are instances in which we see the ill effects that revenge has upon the avenger, such as when we see the manner in which the duke is brutally murdered by nail[ing] down his tongue and tear[ing] up his [eye]lids (3.6.198, 203). This grotesque manner in which the duke is killed does not sit well with the audience for good reason. All of Vindices Plutarch attributes anger and the dissolution anger has peaked to make him a of reason to a weakness in the man and in his remorseless murderer, not a doer of justice. The audience soul. When the man or his soul is weak, it gets confirmation that Vindices does not operate with reason, but with actions are not received well his instinctual reactions to counter the person when Vindice confesses most crimes to Antonio, the who injured it. moral character in the play, and Antonio reprimands him for what he has done. After Vindices confession, Antonio immediately exclaims, Lay hand upon those villains. . . Bear em to speedy execution. . . Pray heaven their blood may wash away all treason! (5.3.101, 103,128). Antonio sees Vindices actions not as heroic or justified, but as treasonous because Vindice killed the Duke. And this comes as a surprise to Vindice, because in avenging himself, Vindice also avenged Antonios wife who was betrayed by the dukes family. In making the most moral character despise Vindices actions, we see that he was wrong, and that the play is against revenge. Masculine ideals as expressed in both the religious and secular treatises lend themselves to preventing revenge. In the homily, the Christian man is ideally described with all submission and meekenesse, with lenitie and softnesse of minde (4). The homily goes on to mention that he that cannot temper nor rule his own anger, is but weake and feeble, and rather more like a woman or childe, than a strong man. For the true strength and manlinesse is to ouercome wrath, and to despise iniuries, and other mens foolishnesse (6). Similar ideas on masculinity are expressed in secular treatises such as On Restraining Anger by Plutarch (1st century CE; first English translation 1603). This treatise also asserts that anger is a main cause for wanting revenge, but unlike the religious treatises, this treatise asserts that anger must be restrained because anger tramples upon reason, and reason is what separates man from the beasts. Plutarch asserts that man should be so natural, gentle and obedient to reason, because anger and rage are ignoble. . . umanly. . . [and make a man] devoid of dignity and greatness of mind! (10, 14). Plutarchs claims about anger are followed by an explanation that anger makes a man exhibit certain savageness because animals, when wounded, will strike with great speed and strength which they acquire from their weaknesses. And since animals are encouraged to strike from the pain and weakness they feel, women are

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more prone to anger than men, because women are weaker than men. He then says, So from the very great pain and suffering of the soul there arises mainly from weakness anger, which is not like the nerves of the soul, as one defined it, but like its strainings and convulsions when it is excessively vehement in its thirst for revenge. This claim keeps with the theme of savageness versus reason. Plutarch attributes anger and the dissolution of reason to a weakness in the man and in his soul. When the man or his soul is weak, it does not operate with reason, but with instinctual reactions to counter the person who injured it. The reaction to hurt him who has hurt you is not an involuntary reaction, but rather a reaction that comes from the hurt the soul experiences which gives way to anger and the dissipation of reason, and thereby renders a man thirst[y] for revenge (14). In The Duchess of Malfi, Ferdinand is the vengeful character who fails to be meek and soft in his opinions, and whose anger prevents him from the ability to reason, thereby leading to his demise. Ferdinands anger leads to his haste in wanting revenge, and when he obtains it, he quickly regrets his actions. After his sister is dead, he tells Bosola, I bade thee, when I was distracted of my wits, / Go kill my dearest friend, and thou hast done t (4.2.278-279). Here, Ferdinand admits that his anger forbade him from reasoning correctly or seeing clearly, and instead led him to be distracted of [his] wits and he regrets not having been more soft in mind or lenient towards his sister, as the homily recommends men to be. Because of his lack of reasoning he has not only killed his sister, but driven himself mad with guilt so that he literally becomes sick. He contracts a very pestilent disease. . . / They call lycanthropia. . . In those that are possessed with t there oerflows / Such melancholy humour (Webster 5.2.5-6, 8-9). His melancholy or depression is a result of his guilt, and by showing the audience the ills of being hasty, angry, and vengeful, the play expresses its negative attitude towards revenge. Another important argument against revenge which is highlighted in the religious treatises is that obtaining revenge is an act reserved for God, not man. Becon attributes mans desire for revenge to his corrupt nature which seeketh all means possible to be revenged, to requite tooth for tooth and eye for eye, to render evil for evil, when vengeance is thine [Gods] and thou [God] wilt reward.Mans corruption, as explained by Becon, originates from mans conception from the sins of Adam and Eve. This corruption is so crippling that we cannot do what we would, meaning man cannot do what he wants or be good, because he is hindered by his origination from the sins of our first parents. The desire to be revenged makes man want retribution and by wanting retribution, man grievously offend[s] God, because it is Gods right to punish and reward, not mans. So, in wanting to requite tooth for tooth and eye for eye, man is giving in to his corrupt nature and going against not only what he wants to do, but what God requires of him (Becon 3). In The Duchess of Malfi, it is repeatedly evident that revenge should not be a matter that men take into their own hands, a point that is made by religious treatises which emphasize that revenge should be left up to God. Ferdinand becomes sick with lycanthropia as a result of his getting revenge on his sister, an indication that he should not have tried to exact revenge. Similarly, Bosolas revenge plot is foiled when he tries to help Antonio exact revenge, but he ends up killing him. When Bosola stabs Antonio he proclaims, Antonio! / The man I would have saved bove

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mine own life and O direful misprision! (5.4. 52-53, 79-80). These events are indications that revenge is not a matter for men to pursue, because they will inevitably either regret their actions like Ferdinand did, or their plans will be foiled as Bosolas were when he killed the person he wanted to help. The great ruin (5.5.111) described by Delio at the end of the play refers to the ruin that came upon all the characters as a result of vengeance. Almost all of the characters die, and both Bosola and Ferdinand, the two characters who sought revenge, end up destroying themselves, leading to their own downfall and later on, their own deaths. Because all the characters who seek revenge in Revengers Tragedy and Duchess of Malfi fall, the message is that these revenge plays are against revenge. Bacon claims that Vindictive persons live the life of witches; who, as they are mischievous, so end they infortunate (1). All of the characters in the plays who sought revenge, although they were mischievous in plotting their revenge and carrying it out, all ended up in unfortunate positions, and all eventually died as a result of their vengeance-seeking. The early modern treatises on revenge are against revenge because revenge will ultimately lead to the downfall and demise of the avenger, as is evident in these early modern revenge plays.

Bacon, Francis. Of Revenge. Essays, 1625. Print. Becon, Thomas. A Prayer for Our Enemies, The Flower of Godly Prayers, 1551. Print. Homily Against Strife and Contention. London: Certaine Sermons or Holiles Apptd to be Read in Churches, 1635. Print. Middleton, Thomas & C.T. The Revengers Tragedy. Revels Student Editions. Manchester: Manchester University Press, 1996. Print. Plutarch. On Restraining Anger. Moralia, 120 CE. Print. The New King James Version Study Bible. Earl D. Radmacher, ed. Nashville, TN: Thomas Nelson, 2007. Print. Webster, John. The Duchess of Malfi. Revels Student Editions. Manchester: Manchester University Press, 1996. Print.

REFERENCES

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Literature 498

THE ANDROGYNOUS IDENTITYS REVENGE: SIGNIFYING THE SHIFT IN POWER FROM BLOOD TIES TO GENDER IN SHAKESPEARES

HAMLET

____________________ RACHEL RAMIREZ

THE FRENCH PHILOSOPHER MICHEL FOUCAULT states that in the political form of sovereignty and authority, blood relation, between people, long remained an important element in the mechanisms of [social] power, its manifestations, and its rituals. Blood relation constitutes what can be considered valuable in a society, and it is, perhaps, one of the oldest social elements that either solidifies or corrupts filial bonds; such a relation owed its high value at the same time to its instrumental significance in society the ability to shed blood [] to have a certain blood, to be of the same blood, [or] to be prepared to risk ones blood (Foucault 147). With this
The Assignment and the Writer: Rachel Ramirez's paper on gender and blood in Hamlet was the culminating project in LIT 400, a capstone course for the English major. My version of LIT 400 focused on early modern revenge; we read a number of English revenge plays written at the beginning of the 17th century, along with contemporaneous didactic texts and modern scholarship. Students wrote all semester long about these different considerations of revenge. Their final project was a short research paper on Hamlet which was to include other primary and secondary sources. Ramirez focused particularly on a complex collection of secondary materials on gender in Early Modern England, written during the last fifty years or so, which she used as a foundation for her admirably original discussion of Hamlet's androgyny and the role it played in his task to avenge his father's murder. -Professor Margaret Tabb

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in mind, William Shakespeares Hamlet, the princely son of Denmark, must honor his blood relation to his father, King Hamlet, by actively seeking revenge against Claudius, the new king of Denmark, to exercise his power of loyalty as a princely son. Hamlets blood relation to his father is not only important because it signifies their royal relationship but because it is a bond that embodies the fathers natural authority over and transference of masculine power (his authority) to his son. Yet, I contend that there are numerous ways in which power can be transferred to an inheritor aside from blood relation. What must be considered is how blood relation is not the determining factor of how an individual receives power through patrimony, thus limiting this transference and phenomena of power to an individual being of the same blood as the father. Instead, power in the social spectrum, in addition to blood relation, can also derive from a characters gendermore specifically the gender of androgyny, in which both male and female concepts of gender are performed simultaneously. To clarify this point in Foucaults terms, sex, is what identifies an individual by biology, and gender is what determines how male and females should act, solely based on the characteristics that codify masculine and feminine behavior (Diamond 322). As Foucault would suggest, the power of ones gender, of combined male and female qualities, has a weight equal to that of the significance of blood relation between people in history, after the classical age and, most notably, throughout the ages thereafter (Foucault 148). Shakespeares Hamlet serves as an example of how power is exercised through a characters gender in the early modern era aside from his blood relation. The duality of Hamlets gender, balancing both male and female qualities, allows him to gain or reclaim power that is displaced to Claudius. The societal value associated with blood relation shifts in Shakespeares time, whereby value and power are relocated to ones gender. King Hamlets natural authority has much to do with early modern masculinities, specifically masculinities formed by the symbolics of political fatherhood in European monarchies, whereby kings were seen as the nurturing fathers of the state and their families as said by King James I: And as the Father of his fatherly duty is bound to care for the nourishing, education and vertous gouernment of his children; euen so is the king bound to care for all his subjects (Worlmald). According to Julia Adams in her breakdown of King James quote, this had consequences for patriarchal relations in family-households, in part because it configured the masculinities of aristocrats which were then perpetuated by the rest of the states populace: a trickle-down-affect that determined how sons would act in society in the absence of their fathers, as they inherit their fathers positions, estates and power in the family. Hamlet was not alone in this endeavor. During the fifteenth and sixteenths centuries, sons, for example, were key persons of the household if a father died. The structure of the nuclear family of that period insured patrimony remains intact, under the authority of the eldest son (Ferraro 2008). Blood relation between father and son is undeniable; power within the family is transferred to the sonnot to any other memberupon his fathers death, and, thus, determines not only who will ensure the familys future but also determines the sons path to manhood, his masculine identity, and claim to his fathers position. This familial contract calls for a son to take action, for the son is entrusted with his fathers power and family through blood ties. Above all, a sons sole responsibility is to take

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control of the power that is located within the resources of his fathers estate, as this action marks the beginning of a sons manhood. Hamlet, in like fashion, must be able to successfully manage his fathers estate and resources: Denmark. The young prince is thus subject to his birth, for the safety and health of [his] whole estateonce King Hamlets propertyought to take precedence in Hamlets life (Hamlet, 1.3, p. 15). For an early modern man like Hamlet, the masculine identity is created by the resources men inherit, from, yet again, their fathers statuses and dissemination of properties: what a father is able to pass on to his children, especially to his son (Breitenberg 16). This is particularly true for early modern England where the hierarchies of age, social status and ones estate affected gender hierarchies such as the constructs of masculinity and Shakespeare writes the conflict in a way femininity, thereby alluding to a shift from the social value that invalidates the historical laws of placed in blood relations to patrimony and the tradition of blood gender constructs. Power is relations in his early modern society. located in how one asserts his gender role. Alexandra Shepard, author of Meanings of Manhood in Early Modern England, writes that manhood was achieved through normative means, in terms of effectively managing a household through controlling themselves and their subordinates, hence a fathers property or resources; but if men failed to achieve this patriarchal manhood, they would be oppressed [by] the patriarchal ideology and must find an alternative strategy to reclaiming their manhood (Shepard 6). One must note that this does not happen so easily for Hamlet, though he is the only and therefore, eldest son in the family: I, his sole son (Hamlet, 3.3. p. 59). Primogeniture in Hamlets case does not secure his fathers place and power for himself once King Hamlet is murdered by Claudius. Even the fact that Hamlet is of the same blood and would risk his bloodto spill blood on his fathers behalfdoes not secure his place in the court immediately. What would secure power is Hamlet taking on a powerful identity, in which his subordinates obey him. Power, however, is claimed by Claudius; he disrupts the tradition of patrimony, and by the corrupted courts better wisdomfor everything is rotten in the state of Denmarkhe takes to wife, Gertrude and keeps in mind the better wisdoms of the court rather than the social traditions prescribed by patrimony that provide the resources of the father to the eldest son. Shakespeare writes the conflict in a way that invalidates the historical laws of patrimony and the tradition of blood relations in his early modern society. The conflict between Claudius and Hamlet illustrates how blood relations do not matter so much as the power of gender hierarchies, though the former traditions of blood ties held that the eldest son or the only son of a family must assume his fathers place as noted by Ferraro and Adams, yet these laws of patrimony however old they areare contradicted by Claudius marriage to Gertrude. Her marriage to Claudius disrupts the successive line of patrimony and changes Hamlets inheritance of the state of Denmark and inheritance of his fathers power through such resources. Shakespeare might be suggesting this idea in Claudius speech, as he

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talks about his marriage and brothers death, perhaps, subconsciously saying that the state is not only out of frame and disjointed because of Kings Hamlets death or the threat of Fortinbras sovereignty but because Hamlet has been snuffed, excluded from having power and oppressed by Claudius: By our late dear brothers death/ Our state to be disjoint and out of frame (Hamlet, 1.2, p. 8). And though it may seem that he states this sincerely, truly, the state is not so much out of frame for Claudius. In fact, the conditions in which Claudius takes Denmark and the royal household are ideal. This can be seen when, as stated before, Claudius has taken his brothers wife though less than two months time has passed since his brothers death (Hamlet, 1.2, p. 8). Claudius is aggressively masculine, for he is more decisive and takes action by undermining, thereby challenging, the inheritor of Kings Hamlets estate: Gertrudes son. The new king is driven by the effects for which he did the murder to gain power: My crown, mine own ambition and my queen (Hamlet, 3.3, p. 59). Shakespeare illustrates Claudius aggressive masculinity as he, the character, places emphasis on the repetition of my, suggesting that he owns the resources that rightfully belong to Hamlet. He even goes as far as to enlist Hamlets childhood friends, Guildenstern and Rosencrantz, along with Laertes as well, to weaken the patrimonial underpinnings meant to preserve the resources for Hamlet. Moreover, by granting Laertes passage to France when he asks for the kings blessing, Claudius says Yes, but he does not do the same for Hamlet. Instead, he keeps him close and denies the prince his return to Wittenberg, since it is most retrograde to my desire (Hamlet, 1.2, p. 10). Claudius dominant presence is felt in the way he oppresses Hamlet, keeping him in the comfort of [his] eye and attempting to rule out the memory of King Hamlet by saying, Think of [me] / As of a father, to Hamlet (Hamlet, 1.2, p. 10). This is an aggressive move on Claudius part in attempting to replace the father and telling Gertrude that Hamlet is our son (Hamlet, 5.2, p. 98). He is a decisive, ambitious and an aggressive male. Granted, Claudius says Hamlet is immediate to the throne, but this does not prevent Claudius from taking the crown and estate from the prince of Denmark. The new kings masculinity is more aggressive and perhapswild. He gains power through illegitimate and immoral means by murdering King Hamlet and beguiling Hamlets family and the court. Masculinities of Shakespeares time were articulated differently than Claudius aggressive masculinity and nature. In terms of noble, gentlemanly masculinities, men had to not only refrain from being immoral, like Claudius, but also had to refrain from being womanish. Men, purportedly, relied on discretion, reason, moderation, self-sufficiency, strength, self-control, and honest respectability to construct their gender roles (Shepard 9). These are the distinct characteristics that are intended, by society, to construct Hamlets manhood, hence his masculinity, for such traits will help him become a noble leader. While he is oppressed by Claudius, his choice is to either embody these masculine qualities that are quantified by his society or abandon them if he cannot reclaim his fathers power, for there is no other alternative written into patrimonial law. Consequently, Shakespeare creates characters, like Fortinbras in addition to Claudius, as a foil for Hamlet. Fortinbras is the dutiful and masculine son, whose ambition is to reclaim land (property) in his fathers name. Hamlet admires this bravery, saying: Witness [his] army of such mass and charge, / Led by [the] delicate and tender [Fortinbras]

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(Hamlet, 4.4, p. 71). Hamlet follows up by then saying, How stand I then, / That have a father killed, a mother strained, / Excitements of my reason and my blood (Hamlet, 4.4, p. 71). Though Hamlet finds that he must honor his blood by taking action like Fortinbras, since it is his duty to his father and mother, he still struggles with these thoughts (Hamlet, 4.4, p. 72) Let us consider, in terms of early modern gender roles, that he struggles with the idea of his own masculinity; he is not aggressive or violent like Fortinbras and considerably less ambitious for revenge than, for example, Laertes. Hamlet does not fall into any particular category of masculinity, neither noble and gentlemanly masculinities nor even an aggressive masculinity like Claudius or Fortinbras. If we are to apply the terms that constitute ones masculinity, it may become clear why Hamlet struggles to embody each of type of masculinity. He does not act with discretion as he purposefully acts mad, he does not follow reason since he wipes away from the table of his memory concepts of education, he [I]t becomes feasible that Hamlet, since does not practice moderation as his Claudius disrupts his masculine identity, passions for Ophelia change from hot to cold, and he is not self- must consider multiple gender roles to sufficient since he relies on the help him reclaim his lost power. word of his fathers ghost, which could just be a mischievous doppelganger, and he does not have a strategy for exacting revenge. Does Hamlet lack strength and self-control? He cannot find the strength to confront Claudius as Fortinbras confronts his enemy at the beginning of the play, he mistakenly kills Polonius without exercising reason, and he cannot control his heated passions, but he does admit, since he respects and will be honest, that he has wronged Laertes by killing Polonius. This is not an aggressive revenger, an overtly masculine character that Shakespeare is creating. So in what gender category does Hamlet fall into, if he only embodies a mans honest respectability? What does Shakespeare intend for Hamlet? Again, the symbolics of political fatherhood and transference of power to the son in terms of gender, not blood relations, is a compelling example of the power of gender in Shakespeares early modern society: Hamlets decision to act is slowed by the need to understand all the roles that have been assigned to him [and] chief among these are man and son (Low 502). Low suggests that there are assigned roles, perhaps multiple gender roles of masculinity that Hamlet ought to perpetuate. Accordingly, it becomes feasible that Hamlet, since Claudius disrupts his masculine identity, must consider multiple gender roles to help him reclaim his lost power. Hamlets masculine identity was murdered when his own father was murdered, and without a masculine role, how can a supposed prince have power to begin with? He must acclimate to a changing, early modern society, wherein value is placed in its gender hierarchies, and this idea may have been familiar to Elizabethan audiences. Hamlet, therefore, straddles both gender roles of the male and female persuasion, making him an androgynous character as he struggles with his thoughts in an attempt to reclaim his princely identity, a form of power passed down from his father but taken by Claudius. Before we further analyze Hamlets androgynous role, we must define a womans gender and what it means for Shakespeares prince in relation to his gender.

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In Elizabethan Women, Carrol Camden finds that womens roles of the fifteenth and sixteenth centuries are inferior to mens roles. Early modern men did not find faults in women but created vices that are still attributed to women in literature; for instance, women were described as willful, inconstant, desirous of sex and, of course, they talked too much (Camden 26). Hamlet is just as inconstant, arguing with himself in extensive monologues, clinging to what he has renounced: his education and reason. And indeed, humorously enough, he talks too much, reciting sixty line monologues. He even states that he talks as much as a woman when he should be focusing on revenge: I, the son of a dear father murdered, / Prompted to my revenge by heaven and hell, / Must like a whore unpack my heart with words / And fall a-cursing, like a very drab (Hamlet, 2.2, p. 43). He unpacks his frustrations only to be distracted by them. This behavior is far from masculine. In addition, one of the best examples of his inconstant nature is the way in which he treats Ophelia, saying she is beautiful but at the same time deceptive. Although he has reason to believe she has betrayed him, he engages Ophelia only to find himself retreating from her repeatedly because of his indecisive nature. To Camden such a description or rather behavior(s) constructed womens gender identities, which labeled women as dissembling and dishonest individuals of their time, as Hamlet suggests to Ophelia: I have heard of your paintings well enough. God hath given you one face, and you make your[self] another. You jig and amble, and you lisp (Hamlet, 3.1, p. 47). Hamlet accuses Ophelia of acting, lying to him and then remaining ignorant of her actions since he suspects that she is working alongside Claudius and the rest of the court. However, Ophelia, though she is relaying information to her father, is not the only one who acts and puts on a face. Hamlet, as well, is acting, dissembling to catch the conscience of the king: How strange or odd someer I bear myself / (As I perchance hereafter shall think meet / To put on an antic disposition on) (Hamlet, 1.5, p. 25). These are actions a man might play. Such representations of women, as dissembling, mad individuals, is reminiscent of classical thought as Foucault suggests earlier, and this can be applied to Hamlets character. Plutarch, the Greek philosopher, says peevish women are more prone to anger than men, and it is this type of ideology that determines how women are described and assigned qualities like that of talking too much and being angry, all of which are attributed to their gender (14). Hamlet is angry that he cannot act, he, again, unpacks his words only to realize he is a distraction to himself, and he plays the part of a mad individual that is traditionally attributed to a womans psyche. Women were considered mad, feeble and weak as compared to mens emotional, physical and mental capacities. What early modern men praised women for and reserved to the whole class of women was a life of virginity. The idea of chaste women is significant in that it forever changed the womans role in the fifteenth and sixteenth centuries: As long as woman is for birth and children, she is as different from man as body is from soul, an idea that poses questions such as what society should use women for, as opposed to what women are (Wiesner 17). Hamlet, metaphorically, has been used in a similar way, for he is castrated by Claudius once he takes over the state of Denmark and relegates Hamlet to a position of an inert and unmanly individual; Claudius wants Hamlet to be as passive and

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obedient as a woman. For example in a conversation between Hamlet, Claudius, and Gertrude, the prince states: I shall in all my best obey you, and Claudius responds, Why, tis a loving and a fair reply (Hamlet, 1.2, pp. 10-11). Hamlets response is generally assumed to be directed, with heavy emphasis, to Gertrude. However, Hamlet is in essence recognizing Claudius power and authority through his marriage to Gertrude. According to early didactic treatises that adopted these gender constructs and roles, men who were not strong-willed or masculine enough, thus failing to uphold traditional masculinities, would become womanish, thus emasculated, as Hamlet has been emasculated by Claudius: And he that cannot temper nor rule his own anger, is but weake & feeble, and rather more like a woman or a childe, then a strong man (Homlies 6). Prince Hamlet cannot carve for himself a life that is the virtue of his will (Hamlet, 1.3, p. 15). What he can do, considering that a masculine identity is out of reach, is embody both male and female constructs of gender to become the ultimate dissembler who undermines Claudius, Gertrude, Polonius and the corrupted court with his disposition. His disposition is not a mad or crazy disposition but one that is acted out through his androgynous self; it is an unsure disposition, for he is neither overtly masculine nor feminine. He neither too aggressive to alarm Claudius nor to passive to reassure Claudius. Hamlet straddles both of these identities, on the same level as that of a male and female combined: For Lord Hamlet, / Believe me so much in him that he is young, / And with a larger tether may he walk / Than may be given you (Hamlet, 1.3-4, p. 18). In the aforementioned quote, Polonius says this to his daughter, Ophelia, suggesting that Hamlet is tethered to his duty as prince, and this tether is long because he is male; therefore, he is given more freedom, as men are given in society as opposed to Ophelia who walks with a shorter tether because she, by her sex, is a woman. Yet, Polonius only states that Hamlet has a larger tether. He does not indicate that Hamlet is above her because he some aggressive, masculine figure who may be described as fiery, threatening or ambitious like Fortinbras and Claudius. Though Hamlets sex allows him to have a longer tether, Hamlet is on the same level as that of Ophelia. Both of them are inert characters who struggle with taking action, as Ophelia says to her father I shall obey [you], my lord (Hamlet, 1.3-4, p. 18). This line is reminiscent of Hamlets response to Claudius and Gertrude, when he says I shall in all my best obey you, (Hamlet, 1.2, pp. 10-11). Both of them have no choice but to obey their respective figure heads in the initial scenes of the play. Hamlet and Ophelia walk on equal ground and are tethered to their respective duties, which signify how Hamlet is neither masculine nor completely feminine. He walks along the gender line, tethered and obedient, as to cross the line would create dramatic consequences for him, and this idea is relatable to Shakespeares society. Hamlets conflict is familiar to Elizabethan audiences of the early modern era once there was a shift in power from blood relations to the constructs of gender as stated before. Actors, for example, perpetuated androgynous roles on stage. Shakespeare is writing into the play how gender is performed in Queen Elizabeths time, and how this is something Englishmen and women may have generally struggled with, as Hamlet does. Through performance, male actors played females, and, if they played female characters who acted as men, they put on a double

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performance to capture both the male and female idea of gender, embodying the privileges and weaknesses of either role. James C. Bulman, author of a work about cross-dressing on the English stage, finds that actors slipp[ed] between multiple practices of gender signification as they cross-dressed in front of audience members who were trained to note the slightest onstage divergence in early modern gender norms (Bulman 23). The goal of cross-dressing, of taking on a more androgynous identity is a subversive infiltration of normativitywhat society expects of males and femalesin which the performance of gender itself is disguised, and these practices were found in and outside the theater (Bulman 24). In England, where sumptuary laws were upheld until the end of the rule of James I, the performance of androgyny, representing both genders, challenged the gender norms that were created by the governing class (Bulman 25). Turning back to Foucault and Adams, blood relations were valued because of the royal class, whose aristocrats created the frames of noble and gentlemanly masculinities by way of their social power, but this power was later relocated within the constructs of gender. Women, in addition to men, also cross-dressed in off-stage performances, for they were excluded from productions geared for larger audiences and the public at large. For both male and female actors, the performance of inhabiting each others gender roles on stage posed less risk both to the actors and to their audiences, as they gained powers that were out of reach for them because of the aristocracy (Varholy, pp. 7). They did have to worry about the ruling class oppressing them. Power was gained by the actors, which was then felt by the audience who went to see these plays to observe how actors took on the opposite sexs gender, appeal and privilege that signified their respective gender power in society. These are the benefits to be accrued from the androgynous roles acted out on stage (Varholy, pp. 8-9). Shakespeares Hamlet has benefitted from these benefits of the androgynous players role in his writing. If the play was structured as Thomas Kyd or Cyril Tourneur/Thomas Middletons revenge tragedies, The Spanish Tragedy and The Revengers Tragedy respectively, the plot would be predictable and linear: the revenger plots, has his revenge and all the characters in the play die in dramatic but not always violent scenes. Shakespeare creates a tender and contemplative revenger, who juxtaposes the other revengers, who are overtly masculine, of Senecan and English tragedies whose acts of revenge are aggressive, premeditated and atrocious murders (Halpern 482). Hamlets performance is meant to resonate with the audience, demonstrating how the plot is just as indeterminate as Hamlets androgynous role, and this is something that, again, is familiar to the audience since Hamlets performative dynamics reflect the subordination and pressures to conform to models of hegemonic gender roles felt by the audience (O-Rourke 141). Regardless of Hamlets princely status, it is important to note that he is knocked off the aristocratic podium when he takes the disposition of being mad, making him a relatable character because he does not have any royal power in Claudius court. Shakespeare employs these dynamics to render his revenge play and Hamlets tragedy differently than traditional revenge plays and its revengers. Though it is a given that all of Shakespeares characters in Hamlet will die, Shakespeares endinghow the supposed revenge is finally exacted by Hamlet illustrates the complexity of the situation each character finds himself in, particularly

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Hamlet. Will he finally take action and let go of his unmanly grief to become the dutiful prince, or will he keep his unmanly grief and remain inconstant like a woman, or will he be a combination of both? Hamlet wavers throughout the play, and any new reader of Hamlet who has no prior knowledge of Shakespearian plays, will not be sure of how Hamlet will exact revenge, so it is slightly problematic to call the last scene an act of masculinereclamation through revenge and through Hamlets duel or rather fencing bout with Laertes. Until the very end, Hamlet remains inconstant, indecisive. Whether Hamlet debates with Osric about being cold or hot, compliments Ophelia or calls her a whore, criticizes or praises Fortinbras, does not know whether he should be or not be, or to duel Laertes or not to duel, he is always inconstant, and how he intends to exact revenge is, therefore, indeterminate just as his gender role in the play. Hamlet does not have a strategy or premeditated plan like other revengers. His revenge is almost accidental and a surprise, thus taking away from the duels masculine climax of action. Hamlets duel with Laertes, according to Low, allows him to reclaim his masculinity as it was a way for a nobleman to assert his independence from the Crowns authority (506). Indeed, the duel as depicted in the scene is a masculine activity, but this is not to say that both participants are out to claim only their masculinity, assert it in some way or appropriate an opponents masculinity in the scuffle. By way of example, what does Hamlet have to gain by dueling Laertes if he has already admitted that he has done [Laertes] wrong (Hamlet, 5.2, p. 96)? Laertes did not murder King Hamlet, disrupt the transference of power through patrimony, marry Gertrude, or take the throne. Comparatively, Laertes is one who seeks to assert his masculinity and honor in the name of his father. Though one might say Laertes is acting in defense of the Crowns authority when they begin to fence, Hamlet is not aware that Laertes is collaborating with the king. Hamlet is immediately aware of this only after Laertes is stabbed with his own blade and confesses to helping Claudius: The king, the kings to blame (Hamlet, 5.2, p. 99). The duel began as a dance, if you will, between opposing menone opponent (Laertes) upholds his masculine role by honoring his father and carrying out a strategy to aggressively exact revenge against Hamlet, and the other (Hamlet) is always inconstant, unprepared for what he discovers in the duel and what he does in a fit of passionthereafter, turning to Claudius and piercing him with Laertes poisoned blade. In no way did Hamlet prepare or premeditate this as a revenger ought to, and so his supposed revenge does not reclaim his masculinity nor can it when early didactic treaties proposed that true men, hence honorable and masculine men, were guided by reasonnot anger, which was reserved to peevish women. Shakespeares readers must question what exactly Hamlet did achieve. An answer may concern itself with whether or not Hamlet got his revenge, but it is also important to consider how powerwhat rightfully belongs to Hamletwas returned, reclaimed or gained by his actions and, by extension, what he imparted to his audience. First, this is not to be answered by placing Hamlet in a single gender category, for he is too complicated of a character, which is why I have referred to him as an androgynous protagonist. Second, one ought to consider that through the subversive infiltration of normativity, hence traditional masculine roles of his society, Hamlets gender performance is disguised throughout the play as he is

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always inconstant, almost indefinable. Third, his disposition enables him to thwart Claudius suspicion, until it becomes clear that Claudius has indeed murdered King Hamlet. This is no easy task since Hamlet must rise against Claudius without the power his father left for him: that which is located within the state of Denmark and its court. Given that he does not inherit these resources so easily through blood relation to his mother and father, he is able to challenge their authority by exercising his power through performative dynamics that are both masculine and feminine in nature. In a great, climatic moment, Hamlet calls Claudius an incestuous, murdrous, damned Dane, hence emasculating Claudius and taking back his position in the gender hierarchy: Hamlet no longer obeys the aggressive male figure head that is his uncle or recognizes the marriage that guaranteed Claudius power. Hamlet transcends the pressures to conform to models of hegemonic gender roles of his time, and this threatens the social order of the aristocracy who cling to linear gender constructs. Shakespeares beautifully written ending illustrates that power can be obtained through other means aside from blood ties. Hamlets audience can feel how momentous this moment is for the prince as he is raised above the ground of Denmark by Fortinbras soldiers. The act signifies him transcending the powers that were once against him: Let four captains Bear Hamlet like a soldier to the stage, For he was likely, had he been put on, To have proved most royal; and for his passage The soldiers music and the rite of war Speak loudly for him. (Hamlet, 5.2, p. 101)

Adams, Julia. "The Rule of the Father: Patriarchy and Patrimonialism in Early Modern Europe". Russell Sage Foundation. May 03, 2010 <http://www.russellsage.org/publications/workingpapers/The%20Rule%20o f%20the%20Father/document>. Bulman, James. Shakespeare Re-dressed: Cross-gender Casting in Contemporary Performance. Cranbury, NJ: Rosemont Publishing & Printing Corp., 2008. Camden, Carroll. On Ophelia's Madness. Shakespeare Quarterly 15.2 (1964): 247255. Diamond, Milton. "Sex and gender are different: Sexual identity and gender identity are different." Clinical Child Psychology and Psychiatry 7.3 (2002): 320 334. PsycINFO. EBSCO. Web. 29 May 2010. Ferraro, Joanne. "Family Patterns". Encyclopedia of Children and Childhood in History and Society. May 03, 2010 <http://www.faqs.org/childhood/CoFa/FamilyPatterns.html>. Foucault, Michel. The History of Sexuality: An Introduction Volume I. New York: Vantage Books, 1990.

REFERENCES

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Halpern, Richard. "Eclipse of Action: Hamlet and the Political Economy of Playing." Shakespeare Quarterly 59.4 (2008): 450482. Project MUSE. [Lloyd Sealy], [New York], [NY]. 13 Apr. 2010 <http://muse.jhu.edu/>. "Homily Against Strife and Contention." Certaine Sermons or Homilies Appointed to be Read in Church. London: 1693. Low, Jennifer. Manhood and the Duel: Enacting Masculinity in Hamlet. Centennial Review 43.3 (Fall 1999): 50112. Low, Jennifer. Manhood and the Duel: Masculinity in Early Modern Drama and Culture. New York: Palgrave MacMillian, 2003. O-Rourke, Deirdre. "Shakespeare Re-Dressed: Cross-Gender Casting in Contemporary Performance (review)." Shakespeare Bulletin 28.1 (2010): 197200. Project MUSE. [Lloyd Sealy], [New York], [NY]. 29 May. 2010 <http://muse.jhu.edu/>. Plutarch. On Restraining Anger, Moralia. 46120 CE. Shakespeare, William. Hamlet. New York: W.W. Norton & Company, Inc., 1992. Shepard, Alexandra. Meanings of Manhood in Early Modern England. New York: Oxford University Press, 2003. Varholy, Christine. Rich Life a Lady: Cross-Class Dressing in the Brothels and Theatres of Early Modern London. Journal for Early Modern Cultural Studies 8.1 (2008): 434. Project MUSE. [Lloyd Sealy], [New York], [NY]. 12 Apr. 2010<http://muse.jhu.edu/>. Wormald, Jenny. James VI and I: Two Kings of One? History 68 (2007): pp. 187 209. Weisner, Merry E. Women and Gender in Early Modern Europe. Cambridge, United Kingdom: Cambridge University Press, 2000.

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Public Administration 744

MEMO TO GOVERNOR CHRIS CHRISTIE

____________________ CHRIS PITASSY

STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY

Memo
To: Date: Re: Governor Chris Christie 5/12/11 Solving the Pension System Funding Crisis From: Chris Pitassy

Ten years ago, New Jerseys pension system was fully funded, and actually ran a surplus of $7.5 billion, yet now the state is facing a funding shortfall of at least $34 billion.1 Compounding this shortfall is the fact that New Jersey has only made 33% of its actuarially required contributions over the last 5 years. While some of this shortfall can be attributed to the downturn in the economy, a much larger cause is New Jerseys failure to make adequate contributions to the pension system of the last decade. The SEC investigation of our funding practices should be a harsh wake ________________________
The Assignment and the Writer: Chris Pitassys Memo to Governor Christie was written as part of the Midterm Case Study, in PAD 744, a class on managing organizational fiscal conditions. Students were asked to analyze a series of articles and independent research that addressed the current underfunding of pension obligations by state governments. The course develops student skills in budget preparation, analysis, discussion, and documentation. This memo did an excellent job of interpreting a complicated financial issue, and developing recommendations to address the political, management, and policy issues embedded in the budgetary problem. -Professor Martha Rose

A SYSTEM IN CRISIS

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up call for accountability and fiscal sanity. An additional problem stems from the states failure to fund non-pension benefits such as retiree healthcare. This unfunded liability is difficult to estimate given the fluctuating cost of healthcare, but a recent actuarial report done on behalf of the state indicates a funding shortfall of over $66 billion for healthcare costs.2 The current funding scheme is fundamentally broken; as a result we must completely reevaluate the way we are doing things. In order to begin fixing this problem, a number of reforms must be made. These reforms are as follows: Commit to fully funding the pension system from now on Change new employees to a defined contribution system, rather than a defined benefit system Base assumptions on actual historical data Raise taxes to refill the pension trust fund to full funding

COMMITMENT TO FULL FUNDING

The first step towards pension sanity would be a commitment to the level of funding that is actuarially required for the pension system each year. No longer can the state afford to put off its required contribution by claiming a higher value of the assets than honestly exists. Until a series of changes made in the last decade, this was what the state was required to do. Not making these payments merely pushes back the funding crisis to the next generation, while simultaneously making it worse. This commitment should include fully funding the expected costs of healthcare for retirees. In the short term this will be expensive, but over the long term it will save the state money.

DEFINED CONTRIBUTION RATHER THAN DEFINED BENEFIT

Defined benefits plans such as pensions have largely vanished from the private sector, in the public sector they will have to go the same way. The state is forbidden from cutting pension benefits by the constitution, but all new public employees should be enrolled in a defined contribution plan similar to a 401(k) or thrift savings plan. This will be a very controversial decision, but it is a necessary one. With the increasing life expectancy of the workforce, lifetime pensions are becoming untenable and difficult to estimate. By having employees paid based on a defined contribution method, the future state contributions will be known ahead of time and far less subject to market volatility. When planning pension contributions, it is important to estimate how the value of the assets will change over time. Right now this is being done by assuming an 8.25% rate of return on investment,3 but historically the rate is significantly lower than that, particularly in a down economy. The best way to estimate future changes in value is to look at the historical performance of the pension funds over time. This provides a far more accurate picture of future rates of return than blindly assuming a fairly high rate of return.

BASING ASSUMPTIONS ON HISTORICAL DATA

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CATCH UP CONTRIBUTIONS

The final step in fixing the pension funding problem is also the most controversial one; extra spending. Specifically, the state must make up the contributions that have been skipped over the last ten years, and must build the pension fund back up to match the expected liabilities. This will require a tax increase of one form or another, which will be very unpopular politically. Even though this step is unpopular, it is essential to ensure that the states pension system does not become insolvent in the future. The tax could come from a payroll tax set to expire once the pension system is once again fully funded. Making it a payroll tax would be publicly more acceptable than increasing income or sales taxes.

CONCLUSION

The New Jersey state pension system is in serious trouble. Chronic underfunding, combined with a weak economy has left the reserves of the pension system significantly depleted. The longer the state waits to address this situation, the worse the situation will get. The state must immediately commit to making the actuarially estimated contributions or the problem will only get worse. Only once the state has resumed making full contributions will reform be possible. Creating a defined contribution plan for new public employees will reduce the states long term liabilities, using historical data to estimate future returns will allow for more accurate forecasting, and make up contributions will save the state from having to make up the payments when the employees are retired. The State of New Jersey must make these changes, and it must make them soon.

ENDNOTES
1

Figures from 2008 according to Pew Center on the States report The Trillion Dollar Gap Information obtained from http://www.nj.gov/treasury/pensions/pdf/financial/gasb43-aug2010.pdf Data provided by NJ to Pew Center on the States, contained in report The Trillion Dollar Gap pg 35

John Jay's Finest is edited by Jeffrey Heiman and Adam Berlin Cover Design: Mark McBeth