John Jay's Finest 2010

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Finest
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JOHN JAY’S
Finest

VOLUME 25
MAY 2010
outstanding student writing from across the curriculum
THIS ANNIVERSARY ISSUE IS DEDICATED TO DR. SHIRLEY SCHNITZER,
ONE OF THE FOUNDERS AND LONGTIME EDITORS
OF THIS PUBLICATION.
ii
A Note from the Editors
FOR AS LONG AS WE HAVE BEEN AT JOHN JAY, we have admired the collaboration between
students and professors that is published each year in John Jay’s Finest. It is truly the best
student writing – alert, lean, lucid, with intellectual spark on every page – and it is something
more. The Finest seems to us also to be the best representation of academic life, which is the
life of many minds working together. Ideas don’t occur in a vacuum; good writing doesn’t
just happen. Everything builds. Ideas move forward with the addition of each new curious
soul who asks, “What does this mean, this sentence, this data, this image?” and “Do I agree
with these conclusions?”
Once that focused thinker gets words on the page, the real work of shaping and
revising, of rethinking and rewriting, begins. As writers ourselves, who have been mentored
and edited, we know the value of a careful reader, one who helps make the work more
honest, more precise, more responsible. Our first salute in our first issue as editors of John
Jay’s Finest goes out to the students and professors represented here, to the work they have
done together, to the professors’ prompts and the students’ probing, creative responses, to the
guides and the guided (not always such predictable roles), to the collaboration.
It’s of course not uncommon to see anthologies of the best student writing, but those
volumes are usually published within the disciplines: the best in history, anthropology,
psychology, sociology, literature, etc. What we have liked so much about twenty-five years
of the Finest is that it gathers the disciplines and provides a forum for the many academic
languages within the college to speak together and to each other. That’s unusual, and that
too speaks to us of the best of academic life. A second salute goes to the unique anthology
itself, one that unifies rather than divides and does not assert privilege of one discipline over
another, where the forensic scientist and the poet are not, as they say of England and
America, separated by a common language.
We want to acknowledge with sincere thanks – and now a sense of the size of the
task – the work of the Finest’s past editors: Patricia Licklider, Shirley Schnitzer, Frederick
Rusch, Jane Mushabac, and most recently Allison Pease. To Allison a special thanks for the
advice and the templates that made our transition a smooth one. These professors have
created twenty-five documents that mark historical moments and intellectual and creative
concerns of John Jay students. Each volume is a gem, faceted and glimmering. We’re
grateful to be able to make a contribution.
We also wish to thank President Jeremy Travis and Provost Jane Bowers for their
continuing support for all matters literary and for their broad vision for the college that will
insure a place for this journal as a multi-disciplinary showcase. John Jay’s Finest is housed
in the English Department, and our chair Marny Tabb has fostered the collegial, creative
environment that helps a publication like this one thrive. To our office manager Erica Wise,
on whose talent and generosity we relied to help bring this project from a set of emailed
essays to printed book, a very special thanks. We thank Mark McBeth – who is always ready
to help, even on his sabbatical year – for his innovative cover design. We thank Jerry
Mastriano for tips on layout and for sharing his expertise in graphic design. We’re grateful
to John Jay’s own Alex Deleon and staff for helpful advice and quality printing. Thank you,
Rulisa Galloway-Perry for helping with the invitations. And for organizing the reception we
are indebted to Rosalie Macaluso.
Jeffrey Heiman
Adam Berlin
Editors
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CONTENTS
1 Sex Appeal and Cigarettes
Claire Prince English 101

3 Rembrandt’s Reflections on Aristotle and Homer
Diana Kravets Art 111

5 Adopt a Country: Philippines
Richelle Lyndon Economics 101

12 Poem, in décima rhyme scheme
Gedrin Morel Music 110

13 Jane Eyre: A Lesson in Moderation
Michelle Hershkowitz Literature 260

17 Yahoos of “Tolerable Greed”
Richard J. Sepulveda Literature 232

22 Do the Smart Thing: Thoughtful Action
Against Global Warming
Mark Wynns English 201

25 Justice After Democide: First, Do No Harm
Hannah House ISP B6

30 Courage and Heroism During WWII: Famed Figures of
the German Anti‐Nazi Resistance
Sofia Cheliout Da Silva English 201

35 Is Gossiping Ethical?
Karyna Pryiomka Philosophy 231

40 Memo In Support of a Motion for Habeas Corpus Review
Meusette Gonzalez English 250
v
CONTENTS
45 “The History Of All Hitherto Existing Society Is A
History Of Class Struggles:” Ethical Implications Of
Marx and Engels’ Theory & Mill’s Utilitarian Analysis
Sofia Cheliout Da Silva Philosophy 231

52 Lost the Individual in a Race
Yanick Savain Literature 260

55 Robbed of Sight
Timothy Luke Literature 260

60 Progeny, Commodity, and Genetic Enhancement
Bennett Callaghan English 255

65 The Brief Wondrous Life of Oscar Wao: Individuality
Versus Conformity (A Literary Emulation)
Michael Talisayan Literature 260

70 Wandering Wisdom (A Villanelle)
Makeba Lavan English 215

71 The Chameleon Effect: Assessing Interactional
Synchrony in Instant Messaging
Todd Squitieri Psychology 311

79 G.I. Jane Revisited
Neethu Suresh English 316

83 The Outsider in Taxi Driver and Chinatown
Erika H. Kolloori Literature 323

88 The Human Aspects of Punishment and Innocence
Brian Cameron Literature 371

vi
CONTENTS
92 Organ Trafficking in India, China, and Japan
Gabriela Ghita Sociology 341

101 Shakespeare and Marvell: The Law Enclosed
Tynisha Robinson Literature 305

110 Justice and Morality in The Merchant of Venice
Christopher McConnell Literature 305

114 The Wage Gap as a Result of Gender Discrimination
Yulia Gracheva Government 319

120 Home Schooling: A Misunderstood Phenomenon
Jamie Bridgewater English 316

126 The “Black Brute”: Interracial Rape in the Nineteenth‐
Century South: A Proposal
Abigail Campbell HJS 316

132 Colonialism for Natives: A Day to Day Guide for
Surviving your Colonial Overlords
Lee Koch Literature 305

140 Barbary Dolls
Stephen Bruno Literature 373

144 Violence Seldom Recognized: The Half Dead Widow
Aneesa Baboolal ICJ 401

148 Dropping the Bomb: Ending WWII & Beginning a
Superpower — A Rhetorical Analysis
Edwin Miguel Hernandez Garcia PAD/CRJ
755

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JOHN JAY’S FINEST 1
"English 101
SEX APPEAL AND CIGARETTES
____________________
CLAIRE PRINCE
BEAUTY IS IN THE EYE OF THE BEHOLDER. We all see different objects and people
and find what we believe to hold beauty. From the outside looking in, a stranger’s
perception of photographer Richard Avedon’s ideal of female beauty would include
but not be limited to elegant, feminine, slender women who command respect not
only with their sex appeal but with the intense independent nature their photographs
radiate. The International Center of Photography, located in the heart of New York
City, is host to the exhibition of Avedon’s fashion photographs. Although the
gallery contains many photographs, the ones that stand out, that seem to represent
Avedon’s ideals of female beauty, are the photographs of models Carmen
Dell’Orefice and Dovima (Dorothy Virginia Margaret Juba).
Carmen, wearing an evening dress styled by French designer Patou Au
Reveil, is the center of attention in the bar or lounge setting that she’s in. The dress
accentuates every curve in her body. Her hair, half in an elegant low bun and the rest
hanging gently above her eyes, gives her a sultry look that has the power to make
even the Pope succumb to her sexuality. “Embracing the power women gained
during the mid twentieth century in the sexual revolution,” as the wall text says,
Carmen appears to be the epitome of the sex symbol as she sits, poised on the edge
___________________________________________________
The Assignment and the Writer: This is one of the pieces that my English 101 learning community
wrote after we visited the exhibit of Richard Avedon's fashion photography at the International
Center of Photography. I asked students to choose two photos they especially liked and that they
thought answered one of two questions. The topic Claire chose was "What do you think is Avedon's
idea of feminine beauty?" They had to practice careful, slow looking at the photos and include some
description so that the reader could picture the photos in their minds. Claire did an excellent job both
in describing the photos she chose and in making a point about them and about Avedon.
– Professor Pat Licklider
2 JOHN JAY’S FINEST
of a pool table, while being admired and lusted after by the gentlemen in the
background. Her arched stature only reaffirms her self-confidence she has in herself.
The beauty depicted in this photograph is very different. Words such as sexy,
vintage and classic come to mind in the photograph’s gangster chic setting. What is
beautiful about the photograph is that the lady, despite the seemingly masculine and
dangerous setting, is somehow respected, and she is well aware of her powerful
aura.
Dovima, sporting an elegant haute` couture hat designed by Balenciaga, sits
erect in the backseat of a vehicle. Dovima’s expression is stern yet elegant. The
intensity in her eyes is strong and sophisticated as she looks out of the window on a
rainy night. Despite the setting, her eyes still dominate the scene. The contrasts and
different levels of emotion that rise from her eyes make this photograph compelling
and beautiful. Her elongated neck, pursed lips, and the look in her eyes add intensity
to the photo. Like Carmen, the model Dovima commands attention whether using
sex appeal or exuding self respect.
“Beauty is only skin deep” is a remark that can be easily dismissed after
looking closely at these two photographs. Avedon focuses more on each mode’s
expression and physical stature. The way they are positioned has much to do with
their beauty. For instance, in Carmen’s photo, her classy yet pin-up pose,
reminiscent of a Playboy model on the pool table, radiates sex appeal; Dovima’s
posture in the backseat shows her prominent and independent nature.
Avedon’s ideal of beauty is depicted through these photographs because
they hold the two characteristics Avedon emphasizes, independence and sex appeal.
These women are slender and tall, and many are shot smoking cigarettes. Avedon
empowers the models in his photographs, putting his models at the center of
attention. The models play their role, and they play it well by executing every pose
in a sexy, strong, dominant way. While that may not be the ideal image of feminine
beauty, in beholder Richard Avedon’s lens, they are beautiful women.
"Art 111
REMBRANDT’S REFLECTIONS ON
ARISTOTLE AND HOMER
____________________
DIANA KRAVETS
ARISTOTLE WITH A BUST OF HOMER is a work of art by Rembrandt, featuring an

intimate setting of Aristotle admiring a statue of the famous author, Homer. The
focal point, Aristotle, is highlighted by a gold and silver chain across his chest. This
chain exudes a profound radial balance. The bright color of the chain is contrasted
against his black shirt. The color, along with the texture of the glazing technique,
projects the chain three-dimensionally.
Additionally, there are finely textured objects created in the light. There is a
high value contrast between light and dark colors. The chiaroscuro around Aristotle
establishes the dominant color of yellow. Rembrandt’s use of monochromatic
coloring is spread to the light by the window, the statue, and Aristotle's jewelry. The
secondary color, white, in Aristotle's clothing, works well with the black color. The
painting has a rich texture, which appears to be thick and downy.
___________________________________________________
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. Diana Kravets
becomes so involved in the journey of this narrative, that we visualize Aristotle in his thinking
process. Homer becomes human, not just a symbolic bust. She involves us in such a way, that we
forget this is Rembrandt’s view on the dichotomy of reason and emotion through Aristotle and
Homer. We see the relationship between the two through Diana’s journey.
– Professor Stella Nicolaou
The temperature of the scene is warm, which creates intimacy. Aristotle is

not admiring the sculptor of the bust, but the man who was sculpted, Homer. He is in
deep thought, perhaps seeing the statue of Homer for the first time in a dusty closet
of a room. Aristotle’s clothes are alienated from the antique of the room and he is
visibly from a different era than Homer. However, the two figures manufacture a
distinct likeness.
The piece intrigues us because we are looking from the outside perspective
on Aristotle, who is privately appreciating the work of someone else. His open
stance in relationship to Homer is inviting and makes us wonder what he is
pondering. Aristotle is resting his hand on Homer's head. He may be frustrated in
his thought, literally trying to grab what he cannot seem to put his finger on. Yet, the
temperature of the colors suggests that this is not an angry scene, but rather an
affectionate one. Aristotle looks to be interacting with Homer the only way he can.
This is simply a statue of Homer, but Aristotle seems to be in need of
Homer's conversation and wisdom. Aristotle was a man of many questions and he
seems to have a few to share with Homer. Unfortunately, he will never have such an
opportunity. Aristotle will stare. Perhaps by being with the statue, the impossibility
of the conversation has been given the next best thing. The statue will help
Aristotle's unquenched mind in role play. Aristotle will think of what it might have
been to share a generation with Homer in this very room.
Ironically, it looks as if Homer is admiring Aristotle. Through Aristotle’s
posture, along with the diagonal direction created by the eye level between the two,
Homer is actually looking up to Aristotle. Aristotle faces us, thus establishing
himself as the main subject, while the statue’s shoulders turn to him along with the
beam of light. The light shines for Aristotle, not Homer.
Rembrandt uses a sinister device of darkness to help create the luminous
light emanating from the gold chain. He uses this innovative technique that goes
hand-in-hand with fine detailing throughout, so the chain does not stand alone. The
piece itself is full of intense realism. This is further emphasized by the gold chain
and pinky ring.
Rembrandt also combines fine and blurred lines. As the light fades, so does
the distinction of the statue on the table and Aristotle's clothes against the darkness.
Imagery gets harder to define when the light is scarce. This scarcity of light creates
blindness that the dark gives to the naked eye, thus allowing our imagination to
flourish.
A message may be taken from the direction of light and the radiance of the
chain. Although Aristotle is contemplating Homer, the real light is upon Aristotle.
He is alive and it is his time to make his own impact on society. Aristotle is the star
with the light not equally shared with Homer, a man of the past. The light of day
shines for the contemporary philosopher. Common sense would say a pitch black
setting to be the last thing in a piece to create vitality. Ironically, Rembrandt's piece
manufactures just that.
"Economics 101
ADOPT A COUNTRY: PHILIPPINES
____________________
RICHELLE LYNDON
I WAS BORN IN THE PHILIPPINES. My maternal family is of Filipino origin while

my paternal family is Australian. Two decades ago, my mother emigrated from the
Philippines in search of "greener pastures." She was a single mother who sought a
better life for herself and her daughter. My mother was part of a wave of migrations
that began in the 70's and 80's triggered by labor-export legislation to facilitate
overseas contract work. The legislation’s premise was: “[in] seeing the high
potential to increase the country's dollar revenues, the Marcos Administration
pursued a policy of encouraging deployment… Eventually, the Philippine Overseas
Employment Administration (POEA) was established as a processing and regulatory
body for the deployment.”i The legislation was a temporary solution for some of the
economic difficulties of the era. The demand for Filipino workers in the US, UK,
UAE and Singapore, etc. is partially tied to their ability to speak English, which is
___________________________________________________
The Assignment and the Writer: Students in Economics 101 are often uncertain about their writing
skills and don’t expect to do very well. Writing about a topic of interest always helps; so I ask students
to “adopt a country,” starting with a paragraph expressing their feelings about the country. There are
always personal or family connections, a desire to visit, social problems, or recent events that seem
particularly important. Working on an adopted country sustains students through the inevitable
round of drafts developing their use of economic concepts, analytical skills, and ability to voice
opinions. Richelle Lyndon chose a topic of personal interest, emigration from the Philippines, and
devoted research to the consequences for the domestic economy. Her exemplary work developed
realistic prescriptions that will hopefully be heeded. – Professor Ronald Calitri
taught in school quite early in the Philippines along with Tagalog, the national
language. The U.S. strategic/allied occupation of the Philippines (while both
countries were at war with Japan in World War II) in the first half of the 20th century
and the continued presence of American military bases post-WWII (the Philippines
was geographically advantageous for the U.S. military’s Pacific defense strategy)
fostered the inculcation of English as a secondary vernacular. Given the resulting
immigration outflow, the acronym O.F.W., which stands for "Overseas Filipino
Worker,” was coined for such migrants. My mother found employment as an
executive for an international hotel chain based in New York. While she worked in
the hospitality industry, she sent a fraction of her earnings to the Philippines to
support me. I remained in the Philippines under the care of my aunt, until my mother
became established. Since the U.S. dollar's buying power was much stronger than
the Philippine peso’s, my mother’s earnings provided a comfortable quality of life
for my family in comparison to the rest of poverty-stricken population, where the
middle class was largely absent. My personal example is but a speck within a
socioeconomic reality of significant migrant outflows from the Philippines, which,
for the past thirty years, have been the largest in Asia.
Remittances, described above, defined as money sent back by overseas
workers to their native land, have long had been a significant part of the Gross
Domestic Product (GDP) for some developing countries. The Nov 2009 World
Development Indicators (WDI) statistics show that the Philippine GDP is comprised
of roughly 10-12% in remittances, only slightly less than the percentages for India,
China and Mexico.ii The International Monetary Fund (IMF) raised its growth
forecast for the Philippine economy this year. On Nov 25 2009, the IMF said it is
expecting the country to post a GDP growth of 1.5% this year, higher than its
previous forecast of 1%. In June 2009, the IMF projected a -1% growth.iii This
economic resilience in the face of a global economic slowdown is largely credited to
the continual flow of remittances. The benefits of remittances are balanced by costs.
First, the direct effects to the country of origin left by a diaspora: brain-drain, the
loss of skilled and professional workers by a country to another, will be explored.
Competing reasons will be presented to illustrate the positive and negative impacts
of the so-called "brain drain" (despite the inherent negative connotation of the term)
i.e., reduced productivity and decline of quality/quantity of output of certain
industries within the country of origin (focusing on the healthcare industry in
particular) vs. the paradoxical rise of its GDP. Furthermore, possible correlations
between the Philippine's Global Competitiveness Rank and human capital flight will
be discussed. We shall conclude that there are other facets of the economy that must
be improved to mitigate the country’s sole dependence on remittances and perhaps
find a balance by building a stronger workforce and economy at home as well.
The Philippines dropped from 71st place to 87th in the latest Global
Competitiveness Report (GCR)iv prepared by the World Economic Forum which
ranked 133 economies. The Global Competitiveness Index is based on 12 pillars of
competitiveness: institutions, infrastructure, macroeconomic stability, health and
primary education, higher education and training, goods market efficiency, labor
market efficiency, financial market sophistication, technological readiness, market
size, business sophistication and innovation.(GCR 2009-2010, Pg 17) The report
points out problem areas for reform in each of the 133 economies. In the case of the
Philippines, the biggest problem cited was corruption. This was followed by an
inefficient bureaucracy, inadequate infrastructure, policy instability, access to
financing and tax regulation. Also cited as problem areas were theft and other
crimes, tax rates, coup threats, restrictive labor regulations and the poor public
health system. The report also cited inadequate education and a poor work ethic in
the Philippine labor force (GCR 2009-2010, Pg 269-270) The Philippines ranked
below Trinidad and Tobago but ahead of Libya. Among Asian countries, the
Philippines was ahead only of Pakistan, which placed 101st, Bangladesh (106),
Cambodia (110), Nepal (125) and Timor-Leste (126). (GCR 2009-2010, Pg 269-
270)
In an economic profile for the Philippines compiled by the U.S. Department
of State,v the facts listed imply a lack of maximization of output within the
agriculture, fishing and
mining indus-tries and hint at The lamentable flight of doctors as well as
deficiencies pre-venting the nurses is further jeopardizing the well-
Philippines from being more being of the destitute that already have
com-petitive globally: 1) On poor access to healthcare.
agriculture the summary
state: “Arable farmland
comprises 40% of the total land area... The agricultural sector employs one-third
more than one-third of the work force but provides less than a fifth of
GDP...inadequate infrastructure, lack of financing, and government policies have
limited productivity gains” 2) On fishing: ”With its 7,107 islands, the Philippines
has a very diverse range of fishing areas. Notwithstanding good prospects for marine
fisheries, the industry continues to face a difficult future due to destructive fishing
methods, a lack of funds, and inadequate government support.” 3) On mining: “The
Philippines is one of the world's most highly mineralized countries, with untapped
mineral wealth estimated at more than $840 billion. Despite its rich mineral
deposits, the Philippine mining industry is just a fraction of what it was in the 1970s
and 1980s when the country ranked among the ten leading gold and copper
producers worldwide. Low metal prices, high production costs, and lack of
investment in infrastructure have contributed to the industry's overall decline”
Proper capital investment , if not blocked by corrupted officials, were injected into
these industries, be it foreign or domestic, a great number of jobs would be created,
production output jumpstarted and technological innovation within the industries
would be stimulated.
With regard to the health sector, an article in the Washington Post by Blaine
Harden, In Rural Philippines, a Dearth of Doctors on Sept 19, 2009vi, the cause and
effect of the lack of doctors in the remote/rural areas is explained as follows, “The
Philippines has long been the world's biggest exporter of nurses, sending more than
164,000 of them abroad in recent decades. But since 2000, at least 11,000 Filipino
doctors have decided to retrain as nurses and join the exodus. More than 6,000
doctors-turned-nurses have left the country, and about 5,000 more are soon to go,
according to the Philippine Medical Association. As nursing schools boom, medical
schools wither, in part because it is much harder for a Philippine-trained doctor to
pass medical board exams in a foreign country than for a Filipino nurse to be
certified abroad. Their departure is part of a healthcare brain drain that is strangling
rural hospitals across the Philippines. Health services are declining, and the
proportion of Filipinos dying without medical attention has risen to 70 percent – a
figure not seen in the country since the mid 1970s.” This lamentable flight of
doctors as well as nurses is further jeopardizing the well-being of the destitute that
already have poor access to healthcare. A string of rural hospitals meagerly staffed
with an exhausted team of healthcare professionals can only result in proper care not
being dispensed, mismanagement of patients who need the most care, and worst case
scenario, patient death. From an ethical standpoint, it is inconceivable that a country
with a disproportionate number of healthcare science graduates to have this problem
– at the expense of human life.
The high global demand for Filipino nurses resulted in the commercial-
ization of nursing education and the resulting decline of the quality of nurses could
result in losing an edge in the market in the long-run. In data gathered by the
Association of Philippine Colleges of Nursing, new nursing schools continue to
sprout - from 175 in the 1990s to 450 in 2008. A report on the health sector found
that most of the colleges lack experienced and qualified faculty. Out of 2,392 faculty
members surveyed, only 48.37% had Bachelor of Science Nursing (BSN) degrees
with MA units, 22.53% had a Masters degree in Nursing, and .59% had a Doctoral
degree in Nursing. Many nursing schools are small and inefficient. Around 62% of
the schools had faculty members of 15 or less and 64% of the faculty members had
monthly salaries of P15, 000 ($326 USD) or below. The number of nursing
graduates who pass the board is decreasing from 57% in 1994-98 to 46.5 in 2002 to
43% in 2004. (Galvez, Pg 42vii) There was an upturn recently in the percentage of
passing candidates mainly because the doctors-turned-nurses were among those who
took the examinations. On Nov 25, 2009, The Philippine Starviii reported that the
Commission on Higher Education (CHED) announced it will close 152 nursing
schools that were found to have performed below the national passing rate of 46.14
percent for the past five years. Ironically, the Philippines, in its endeavor to meet
the demand of the global nursing staff supply, essentially disrupted the process that
fulfills such demand. Despite low-passing rates in the boards there is an overall
underemployment of inexperienced nurses at home as they are unable to fill the slots
of experienced nurses who have departed, (Galvez, Pg 42). If perchance they do fill
these slots, the quality of the healthcare system suffers further. Also, with such low
passing rates and high number of departures, the schools do not seem to be
producing eligible graduates as quickly as they are departing. The relationship
between substandard performance in the boards and a decline in the quality of nurses
in the workforce is heavily correlated to the shift in focus by nursing schools from
providing quality education to generating huge profits. Furthermore, the
proliferation of these nursing is supported by the corrupt government without having
a committee in place to oversee the standard of quality of the colleges’ curriculums.
It is not only nurses and doctors that seem to be leaving the country at
alarming rates, but scientists and technologists as well. The Philippine Overseas
Employment Administration (POEA) does not keep records of migrants based on
profession, so precise statistics measuring the scale of the scientific brain drain are
not available. Also, not all professionals undergo the governmental process for
migration, but are often recruited directly by overseas employers and therefore are
not registered in the governmental database. Despite incomplete statistics, the
adverse effects of the “drain” are evident nonetheless. The Philippine weather
bureau (PAGASA) is a glaring example. The bureau failed to issue an early typhoon
warning at sea which resulted in the capsizing of a passenger ferry. It was later
found that the bureau did not have adequate meteorologists. Most senior
meteorologists have departed to work overseas and the bureau faced difficulty
replacing them even after a year elapsed. According to the Department of Science
and Technology (DOST), the main reason for the science and technology brain drain
is better pay abroad and lack of opportunity at home. A Filipino scientist working
with a private biotech firm can earn, on average, three to 10 times more in developed
countries than locally. Over 70% of local scientists are employed by the low-paying
state because of scant employment opportunities in the private sector,(Galvez, Pg
50) Furthermore, there are opportunities for career advancement as well as a better
quality of life in developed countries, as developed countries have “developed”
sectors that welcome the services of such skilled migrants.
The United Nations Educational, Scientific and Cultural Organization
(UNESCO) recommend that developing countries allocate at least 1% of their GDP
towards science and technology to maintain competitiveness and sustain economic
growth.ix Politicians have failed to make those budgetary earmarks to meet the
prescribed standard. The current budget's allocation for science and technology
activities comes to a meager 0.14% of GDP, or half the amount of Thailand's 0.26%
and about a fraction of Malaysia's 0.69% according to the World Economic Forum's
most recent Global Competitiveness Report: The number of scientists and engineers
currently engaged in research and development (R&D) activities across the
Philippines is about 8,800, representing a 20% decline from the figure recorded in
1996, according to DOST. Regionally, the Philippines lags a great deal. Singapore,
with a population of less than half of Manila, (48%), employs 19,377 scientists and
engineers in R&D activities. Regional competitor Thailand has more than 30,900
R&D-related staff, while Indonesia has 92,800, and Vietnam employs 41,100,
according to DOST's 2007 Compendium on Science and Technology Statistics.x All
of these figures undoubtedly contribute to the apparent lack of foreign investment in
the technology sector.
PRESCRIPTION
The migrant outflow in itself is not inherently bad, as it contributes to a
sizable fraction of the GDP, a percentage that seems to have risen over the years.
However, the hemorrhaging of talent must be managed at home, so as to ratchet the
country's global competitiveness as well as restore the well being of many of the
country's government and corporate entities. Education is important universally and
having a population that collectively believes in the idea of education as a doorway
to a comfortable life can only be beneficial. The Philippines though, needs to arrive
at a place where it can reward, and therefore reassure, its educated populace.
Although this paper focused on the skilled-professional sector of the workforce
outflow, the other O.F.W. sectors from domestic workers, merchant mariners,
entertainers, etc. are all worth noting due to their major contribution (via
remittances) towards alleviating poverty in the Philippines. Without them, the well
being of many would be dire.
The government could partner with medical and nursing colleges to require
mandatory postgraduate service in rural areas that need medical staff the most and
perhaps even provide double the usual compensation for those who serve in this
stop-loss program. Perhaps, the universities could establish community based
programs in which their students (supervised by faculty) can “learn by practice” at
an earlier stage of their medical training in the realm of basic preventative medicine
(i.e. check-ups, immunizations, vital stat monitoring, nutrition education, basic pre-
natal care, etc.) to serve those in the community that the school is localized in. This
is an opportunity to give back to the community, while students gain valuable
clinical and practical experience that will enhance their skill set. Furthermore, a
reallocation of graduates to other fields of study is essential, as it is skewed
drastically in favor of the health sciences. A program to attract talent/students to
other sectors aside from healthcare needs to be established. Perhaps a committee,
within the Commission on Higher Education, should be formed to court
business/corporate entities to provide scholarships or incentives for students to serve
in their particular industry, the government in turn can provide an incentive to these
entities in the form of small tax breaks.
The need for increased spending in the science and technology sector should
also be noted, not only to attract foreign investors, but to stimulate technological
innovation via R&D that can segue into commercial usage and domestic
development. Increased funding on infrastructure, public works as well as capital
investment towards the mining, agriculture and commercial fishing industries should
also be considered due to its untapped production potential. Although, the
government must proceed with care in the development of these industries as they
can result in adverse environmental impact if abused. Such improvements in
infrastructure, creates jobs and therefore enhances quality of life, which may
persuade “potential migrants” to remain and contribute their much needed talent at
home.
The stunted economic progress of the Philippines that resulted from the
various factors from lack of capital investment in different industries, lack of the
spending in healthcare, R&D and infrastructure, lack of control in the proliferation
of nursing colleges that produce substandard graduates all have its ties to corruption.
Politicians have not earmarked sufficient funds to any of these needs as they are
diverting it to other interests that support their own political gain. Even oversight
committees, which are supposed to serve as a check and balance to ensure proper
usage of certain budgetary allocations are corrupt and have diverted funds for
personal usage. Many of the people in politics are wealthy oligarchs that practice
nepotism and recruit more of their corrupt friends and relatives into public offices.
There is much conflict between political parties that a good amount of government
funds are usurped by the quelling of coup attempts. The population also lacks
political education as they continuously elect unqualified people into office based
solely on celebrity, such as movie stars. Overall corruption, breeds corruption, and
overcoming it will require an incredible amount of public education and a concerted
effort of dedicated political incumbents to put the needs of their country before their
own.
Filipinos are, overall, a migration savvy population, for it is a trend that
began three decades ago and is continually facilitated and supported by the
government - not to mention the social aspect of its spread via “word of mouth”. The
notion of which is inculcated in the public consciousness as a means to attain a
better future for oneself and their families. If the Philippines' lack of employment
options, as well as lack of opportunities for a sustainable livelihood persists, the
outflow of migrants is likely to continue, with or without government involvement.
The absence of sustained economic development, political instability, a growing
population, double-digit unemployment levels, and low wages continue to compel
people to look abroad.
ENDNOTES
i
http://www.ffon.org/documents/candazo.doc
ii
http://web.worldbank.org/WBSITE/EXTERNAL/DATASTATISTICS/0,,contentMDK:
20535285~menuPK:1192694~pagePK:64133150~piPK:64133175~the
SitePK:239419,00.html
iii
http://www.abs-cbnnews.com/business/11/25/09/higher-growth-gdp-remittances-seen
iv
http://www.weforum.org/en/initiatives/gcp/Global%20Competitiveness%20Report/
index.htm
v
http://www.state.gov/r/pa/ei/bgn/2794.htm#econ
vi
http://www.washingtonpost.com/wp-
dyn/content/article/2008/09/19/AR2008091903678.html
vii
“Policy Issues on Skilled Migration” Forum -Center of Migrant Advocacy – Philippines,
Galvez, Dr. Jaime, June 2009
VIII
http://www.philstar.com/Article.aspx?articleId=526594&publicationSubCategoryId=63
ix
http://www.uis.unesco.org/ev.php?URL_ID=5495&URL_DO=DO_TOPIC&URL_
SECTION=201
x
http://www.dost.gov.ph/index.php?option=com_content&task=view&id=712&
Itemid=201
"Music 110
POEM, IN DÉCIMA RHYME SCHEME
____________________
GEDRIN MOREL
Cuando era pequeño, soñaba una vez

Ser cantante o ser rapero
Ser abogado o ser pelotero
Tal vez un tiburón, tal vez un pez.
Pero todo cambió a la edad de diez
Quería ser piloto o presidente
Ser ingeniero o un agente
Pero todo cambió a la edad de cincuenta
Llegan los sesenta, después los setenta
Volví a ser un niño, no tengo ni un diente.
(When I was young, I used to dream of being a singer,

or a rapper, or a lawyer, or baseball player;
or perhaps a shark, or a fish.
But everything changed at the age of ten,
when I wanted to be a pilot or president,
an engineer or an agent;
But then everything changed at the age of fifty,
and then came my sixties, and seventies,
and I became a child again, without a single tooth.)
___________________________________________________
The Assignment and the Writer: In my Music 110 class, Popular Musics of the Caribbean we discuss
Cuban and Puerto Rican Hispanic‐derived folk singing (associated with rural guajiros and jíbaros,
respectively), including the Spanish‐derived décima poetic form (in its conventional “Espinela”
substyle), which consists of ten lines of octosyllabic verse in the rhyme scheme aabbaccddc.
Décimas, which are still widely sung in the Spanish Caribbean, range from elegant literary gems to
humorous barbs composed in the heat of an improvised duel or “controversia.” Students were
offered the chance to compose a décima (preferably but not necessarily in Spanish) for extra credit.
Gedrin Morel’s artful poem takes a few liberties with the ideal (but often stretched) syllable and
rhyme scheme while retaining the basic form and spirit of the décima. – Professor Peter Manuel
"Literature 260
JANE EYRE:
A LESSON IN MODERATION
____________________
MICHELLE HERSHKOWITZ
ALTHOUGH WRITTEN IN THE MID-NINETEENTH CENTURY, Charlotte Bronte’s

revolutionary work and literary classic, Jane Eyre, continues to remain relevant to
modern literary critics and readers alike. Jerome Beaty in his critique of Jane Eyre,
titled “St. John’s Way and The Wayward Reader” (1996), argues that since the novel
is told primarily through young Jane’s first-person narrative, readers tend to become
blinded to the later developments in the text. He argues that Jane’s rebelliousness
and self-sovereignty succumb to divine will and, although it seems that the novel is
condemning St. John’s lifestyle and beliefs—especially because Jane ultimately
chooses Rochester—that is not the case; however, neither Jane nor St. John are
wrong for making their respective decisions. They simply choose to recognize God
in different but equal ways. While Beaty does address Jane’s transformation from a
passionate and solely independent woman to a humble believer, he fails to analyze
many of St. John’s flaws—particularly his callousness toward Jane. While it is
sensible to argue that Jane has found a good balance for herself, Beaty canonizes St.
John and does not critically evaluate his personal character or actions.
___________________________________________________
The Assignment and the Writer: For this assignment in Introduction to Literary Study, students
argued either with or against a critical interpretation of Jane Eyre. Michelle Hershkowitz takes on a
widely read interpretation of the novel by critic Jerome Beaty and convincingly demonstrates the
professional critic's oversights – or willful misreadings – of the novel's religious ideas. Ms.
Hershkowitz's extensive argument is inspiring for its depth of thought and rigorous reading of
Bronte's complicated novel. – Professor Allison Pease
Jane’s anti-religious acts throughout the novel undermine her attempts at

finding love and peace of mind; ultimately, to find happiness, she must find a
balance between her human urges and God’s principles. While still engaged to
Rochester and before discovering Rochester’s secret wife, Jane expresses her
extreme and nonreligious idolization of Rochester: “My future husband was
becoming to me … more than the world: almost my hope of heaven. He stood
between me and every thought of religion… I could not, in those days, see God for
his creature: of whom I had made an idol” (Bronte, 2001, p. 234). In effect, Jane has
replaced her Christian practices with the sin of serving, one can say, a false god. The
novel frowns upon this, and it becomes clear that she and Rochester cannot sustain a
relationship if a lover is looked to be God. Her idolization of Rochester echoes a
warning that Helen Burns has given to Jane when she was in Lowood: “You think
too much of the love of human beings” (Bronte, 2001, p. 59). She concentrates too
much on what others think about her and does not possess the innate security that a
religious person feels when empowered with the knowledge that all is part of the
divine plan. Instead, she has replaced her love for God with the love of man;
consequently, she pays the ultimate price after she discovers the truth about
Rochester's marriage to Bertha Mason.
However, as Beaty argues, she does undergo a religious transformation. As
soon as she realizes her mistakes, she renounces her idolatry and turns to God: “I
was experiencing an ordeal: a hand of fiery iron grasped my vitals … him who thus
loved me I absolutely worshipped: and I must renounce love and idol … Depart!”
(Bronte, 2001, p. 269). While alone and without basic necessities, she continues to
express her belief in God’s omnipotence: as she looked up toward the sky, she “felt
the might and strength of God. Sure was I of His efficiency to save what He had
made” (Bronte, 2001, p. 276). It seems as though she has stated explicitly and
unequivocally her fidelity to God. She proves these words of devotion with actions
when she later attributes Rochester’s beckoning voice calling out her name to divine
intervention—not nature. She falls on her knees to pray and hopes that she “is strong
enough to accomplish the will of Heaven” (Bronte, 2001, p. 358). At this point, the
reader can fully see that she has integrated God’s presence into her earthly world
and balanced her passionate desires with religious duties; this enables her—once
Rochester’s conversion is complete—to find the peace for which she has been
searching throughout the entire novel.
Unlike Jane who does not allow her religious beliefs to overtake her
individual identity, St. John cannot merge his love for God with the love of God’s
creations. He stifles all that is human within, attempting to restrain his human
desires. His sister, Diana, admits, “He hides a fever in his vitals. You would think
him gentle, yet in some things he is inexorable as death” (Bronte, 2001, p. 304). He
even admits as much to Jane, “It is hard work to control the workings of inclination,
and turn the bent of nature: but it may be done, I know from experience” (Bronte,
2001, p. 308). This self-denial and repression is so constrictive and is in opposition
to everything that Jane has fought for herself on an individual level. As Essaka
Joshua explains in her article, “‘Almost my Hope of Heaven’: Idolatry and
Messianic Symbolism in Charlotte Bronte's Jane Eyre” (2002), St. John “cannot be
seen as truly charitable” because he behaves in an inconsistent manner; while he
does help Jane in her time of need, he also acts as her “oppressor in attempting,
forcefully to persuade her to submit to a loveless marriage and a possible early
death” (para. 2).
St. John ignores her needs when he proposes to her for the sake of religion
alone; St. John’s proposal undermines all that Jane has ever been striving to
accomplish. He says, “God and nature intended you for a missionary’s wife. It is not
personal, but mental endowments they have given you: you are formed for labour,
not for love. A missionary’s wife you must—shall be. You shall be mine: I claim
you—not for my pleasure, but for my Sovereign’s service” (Bronte, 2001, p. 343).
St. John is undoubtedly abusing his position of power, attempting to frighten Jane so
she yields to his demands. Earlier in the novel, Jane says to Helen Burns, “I know I
should think well of myself; but that is not enough: if others don't love me I would
rather die than live—I cannot bear to be solitary…” (Bronte, 2001, p. 58). He is
using his status as a religious cleric to force and manipulate Jane into a marriage that
is in complete opposition to her fundamental beliefs and desires. He commits an
extreme sacrilegious act when he practically blackmails her using religion and says
if she rejects his proposal and does not enter into missionary work, “it is not me you
deny, but God…Refuse to be my wife, and you limit yourself…to a track of selfish
ease and barren obscurity” (Bronte, 2001, p. 348). St. John does not only possess a
different view of religion—as Beaty claims—but is using the most extreme type of
manipulative coercion: fear of divine retribution. When she refuses he snidely
remarks, “I had though I recongnised in you one of the chosen. But God sees not as
man sees. His will be done” (Bronte, 2001, p. 353). Since he does not strive to find
love, he accuses her of the same, although it is obvious that she has always strived
for a family—a family that he, out of nothing but pure self-interest, attempts to
remove himself from when she ultimately rejects his proposal. He does not treat her
the same way after she decides to choose a fate different that the one he deems to be
correct. She expresses her dismay, “He will never forgive me, I fear” (Bronte, 2001,
p. 354). In essence, she is reverting to her old self—that insecure young girl who at
the beginning of the novel possessed no family.
St. John not only imposes his religious ideas on Jane, mandating that she do
what he feels is just but also, to some extent, he has made an idol out of himself and
chosen to act as Jane’s God. He threatens to undo all that Jane has accomplished
thus far by tearing her down and forcing her to compromise her moral beliefs and
human needs; while Beaty interprets Jane to be understanding as St. John only has
her best intentions in mind, in reality, she does feel put upon. She states, “Can I bear
the consciousness that every endearment he bestows is a sacrifice made on
principle? No: such a martyrdom would be monstrous. I will never undergo it”
(Bronte, 2001, p. 345). When he demands that she does, she feels scornful and upset
not only about his proposals but also regarding the “counterfeit sentiment” that he
offers (Bronte, 2001, p. 348); however, without St. John’s zealotry, she may not
have rejected him and, therefore, never returned to marry Rochester. While
ultimately St. John is crucial to the conclusion of the story, it is not—as Beaty
suggests—the readers’ misinterpretation if they understand St. John to be less
worthy of Jane Eyre’s praise than Jane herself.
While Beaty accurately summates Jane’s journey toward finding God, he

neglects to analyze many of St. John’s less-than-perfect qualities and actions.
Instead, Beaty attributes any negative views of St. John’s character as a
misinterpretation on the reader’s part; however, there is much evidence to suggest
that Jane Eyre endorses a balanced view—as represented by Jane—over an extreme
and narrow view like St. John’s. St. John is a religious man, but it is not a
misinterpretation to view him as a religious zealot because there are many instances
where he uses religion as a tool of oppression, guilt, and superiority. Even when
earning him the coveted last paragraph of the novel, he is not completely humble as
Jane describes, “he [is] anticipat[ing] his sure reward” (Bronte, 2001, p. 395).
Humility before God is very important in the novel, and although St. John has done
commendable acts, he still has not found the balance that Jane Eyre advocates. As
Essaka Joshua (2002) observes, “St. John anticipates his sainthood, rather than
achieves it” (para. 2). While Beaty is correct that St. John is a man worthy of praise,
the matter is not as simple as Beaty attempts to make it seem.
REFERENCES
Beaty, J. (1996). St. John’s way and the wayward reader. In Norton Critical Edition
(3 Ed.). Jane Eyre (pp. 491-503). New York: Norton
Bronte, C. (2001). Jane Eyre. Norton Critical Edition (3 Ed). New York: Norton.
Joshua, E. (2002). Almost my hope of heaven: Idolatry and messianic symbolism in
Charlotte Bronte's Jane Eyre. Philosophical Quarterly, 81, 81. Retrieved
May 13, 2009 from Gale Literature Resource Database.
"Literature 232
YAHOOS OF “TOLERABLE GREED”
____________________
RICHARD J. SEPULVEDA
GOLD, SILVER, DIAMONDS, FURS, luxury cars, boats, and homes are acquisitions for
the elite of our society. They are a reality to those of privilege, but only dreams to
those in the middle. From the time we are children we are taught that greed is a
negative character trait that should be checked by an individual’s moral compass. In
this way greed is overtly condemned by our society as wrong, and yet greed persists
and permeates the whole of our culture so stealthily that few notice it. Some even
unwittingly charge to its defense. For the reality is that those who are greedy are
seen as successful and are looked upon as the people we should aspire to become.
Their lavish and excessive lifestyle forces us to admit we invariably want to be that
greedy person and to acknowledge our inner greed. This idea of omnipresent
“tolerable greed” is a recurring theme in Gulliver’s Travels (1726) by Jonathan
Swift. Through adventures undertaken by its main character, Swift illustrates the
___________________________________________________
The Assignment and the Writer: Mr. Sepulveda was my student in Lit 232, a survey course on
modern literature. He created this essay in response to a question about the theme of greed in
Jonathan Swift’s Gulliver’s Travels. In what forms, he was asked, did greed appear in the novel, and
why was the issue significant to Swift’s literary interests? Mr. Sepulveda’s eloquent essay was not
only a pleasure to read, it taught me new, sophisticated ways to think about Swift’s satirical
ambitions. – Professor Elizabeth Yukins
presence of tolerable greed in the customs and societies of his fictional world. In
doing so he brings to light the presence and prevalence of “tolerable greed” in his
own society and, in many ways, our contemporary one as well.
Gulliver’s Travels is a wonderfully satirical story of a surgeon turned
explorer. In this tale there are several examples of greed overtaking a character’s
reason, presumably to allow the author to make bold statements about how greed is
treated by differing societies and the human race as a whole. In the first adventure,
Swift has the main character, Capt. Lemuel Gulliver, land on the remote island of
Lilliput. The island is inhabited by a race of humanoids called (most appropriately)
Lilliputians, all of whom are extremely tiny relative to the size of Gulliver, who is of
regular human proportion. It is here that Swift confronts Gulliver with a monarchy
that seeks to utilize his enormous size to further its own ambitions of conquest and,
in effect, satisfy its own greed. This ambition appalls Gulliver and he refuses the
greed-laden request by the King of Lilliput. The following quotation serves to
emphasize Gulliver’s distaste for the king’s plans of conquest and his moral
objection to this wanton display of greed: “His Majesty desired I would take some
other Opportunity of bringing all the rest of his Enemy’s Ships into his Ports. And so
immeasurable is the Ambition of Princes that he seemed to think of nothing less than
reducing the whole Empire of Blefuscu into a Province, and governing it by a
Viceroy” (Swift, 51). Gulliver responds to the king’s ambition with: “And I plainly
protested that I would never be an Instrument of bringing a Free and Brave People
into Slavery.” Swift has Gulliver refuse such a greed-laden request this early in the
story in order to denote the way humans almost always react negatively to blatant
and overt greed.
Swift creates Lilliput to present to the reader a society and social structure
that is most like the one the reader of 1726 would have been reared in (and arguably
one that we still have to the present day). The Lilliputians, according to their system
of justice, appear just as intolerable of unchecked greed, such as thievery, as we are
in modern society. However, they make no attempt to stamp out greed in all its
forms. In fact when greed is blatantly exhibited by the ruling class, regardless of its
cost of life, it is looked upon as a necessity or at the very least understandable if not
completely justifiable. This can be seen in the character of Flimnap (the treasurer of
Lilliput) who comes to resent Gulliver for a number of reasons, not the least of
which is the title bestowed upon him by the Lilliputian nobility. “I had then the
Honour to be a Nardac which the Treasurer himself is not, for all the World knows
he is only a Clumglum, a Title inferior by one degree” (Swift, 63). This greed for
more recognition ultimately leads Flimnap to successfully influence the Lilliputian
monarchy to turn on Gulliver. It is through instances such as this, common enough
in politics, that Swift confronts the reader with the idea of “tolerable greed” a type of
greed, coded as ambition, that is prevalent no doubt in our own society.
On his second voyage, Swift has Gulliver land in a country called
Brobdingnag. Brobdingnag is inhabited by a race of humanoid giants. Here Gulliver
is again confronted with the issue of “tolerable greed.” In this land Swift has
Gulliver more directly impacted by greed by having him found and made into the
pet of a local Brobdingnagian farmer. The farmer invariably allows his own greed to
overwhelm him, and, as a consequence, exploits Gulliver as a local spectacle and
sideshow of sorts for immense profit. This continues until Gulliver is practically
worked to death. It is here that the farmer opts to sell Gulliver at a high price to the
royal family of Brobdingnag. “She [referring to the Queen] then asked my Master
whether he were willing to sell me at a good Price. He, who apprehended I could not
live a Month, was ready enough to part with me, and demanded a thousand pieces of
Gold” (Swift, 95). Now, although the farmer’s treatment of Gulliver was
substandard, and those in this land who came to have relative affinity for Gulliver
(such as the king, the queen, etc.) were in a position to prosecute the farmer for his
treatment of Gulliver, they opted not to do so. This is again another horrifying
example of “tolerable greed.” Again and again in Gulliver’s Travels we see greed
portrayed as something hated by all but accepted as a reality of life.
Furthermore, Swift’s fictional ruling classes perpetuate the idea of “tolerable
greed” to justify their excesses. The ruling class of Brobdingnag, as so many elite
do, condemns blatant greed publicly while indulging in it privately. For example,
they openly condemn it when
Gulliver attempts to manipulate the
ambitions he presumes inherent in all Although written over two centuries
monarchs. Gulliver tries to gain the ago, Gulliver’s Travels resonates
king’s favor by revealing the secrets through time because, for all of our
of gunpowder, and he is harshly modern technological, political, and
rebuffed by the king’s response. The social development, we still em-
king protests to Gulliver, “that brace the idea that, while greed is
although few Things delighted him so wrong, there are levels of it we can
much as new Discoveries in Art or and believe we must tolerate.
Nature, yet he would rather lose half
of his Kingdom than be privy to such
a secret, which he commanded me, as I valued my Life, never to mention any more”
(Swift, 125). At first glance then it would seem that the monarchy of Brobdingnag is
intolerant of greed, however the very presence of beggars in their country
contradicts this initial impression. Swift makes a point of having Gulliver describe in
detail the discrepancy of wealth in the country: “One day the Governess ordered our
coachman to stop at several Shops, where the Beggars watching their Opportunity,
crowded to the sides of the Coach” (Swift, P. 105). The existence of beggars in any
nation, fictitious or actual, is an indication of the existence of an underclass within a
society. Underclasses thrive in a socioeconomic dynamic where greed is tolerated
because any society based solely on egalitarianism would strive to eliminate the
presence of such an underclass and this is evidently not the situation in
Brobdingnag.
In Gulliver’s final adventure, Swift confronts the reader with the innate
human capacity for greed in his description of the humanoid inhabitants of
Houyhnhnmland, appropriately called the “Yahoos.” Wild and uncivilized by nature,
these humanoid beasts behave more like apes than men, and they are by no means
the dominant species of Houyhnhnmland. Houyhnhnmland is named for the
civilized and rational masters of its countryside, the horse-like race of the
Houyhnhnms. Swift bestows upon the Houyhnhnms the powers of speech along
with logic, reason, and ethics. The Houyhnhnms, unlike the Yahoos, live in
perpetual harmony and balance with their fellow Houyhnhnms and with nature.
There are no forms of deception among the Houyhnhnms to the degree that there
exists no word in the Houyhnhnm language to describe a lie. This poses a great
problem for Gulliver who attempts to explain to his Houyhnhnm host the concept of
lying. The Houyhnhnm sees no logic in the idea of lying, believing that it defeats
the purpose of speech. He can only refer to lying as “the thing which was not”
(Swift, 217). The Houyhnhnm social structure is devoid of want and greed. Their
land could be considered a veritable utopia were it not for the other race that inhabits
it: the savage Yahoos.
The Yahoos not only tolerate greed, they live and breathe it. They are
overtly greedy and violent amongst each other to satisfy their most basic of wants.
Gulliver’s host describes this to Gulliver, whose personal disgust for the Yahoos is
ever widening: “if (said he) you throw among Five Yahoos as much Food as would
be acceptable for Fifty, they will instead of eating peaceably, fall together by the
Ears, each single one impatient to have all to itself” (Swift, 239). The Houyhnhnm’s
perfection of reason over self-interest and greed makes Gulliver (ironically) examine
how different humans are from Yahoos. Here I must ask the reader to indulge me in
a brief anecdote. As I read the description of the Yahoos’ greed over food, I could
not help but recollect a memory from middle school in which my social studies
teacher attempted to explain to the class why communism does not work. He placed
a bucket of tasty Hershey’s Kisses in the middle of the classroom and told us that we
were free to take as many as we wanted. Of course we all rose from our little desks
in a mad rush to get our hands on the chocolate treats. The bigger kids pushed the
slow and small aside and took large handfuls for themselves, and in the end nearly a
third of the class was left Hershey-less even though there was enough for each child
to equally have plenty. The teacher then explained that because the chocolate was
readily available to everyone without a price everyone would abuse the system, and
so capitalism, while very unfair, was the only means by which our nature was held
in check. This sorry example of human nature, which is shockingly almost identical
to Swift’s example with the Yahoos, was used to instill in us a justification of
“tolerable greed.” In his novel, Swift shatters Gulliver’s naive acceptance of the
ideology of “tolerable greed” by presenting him with the cruel, primitive, and
brutish nature of it within the Yahoos. In doing so, he attempts to shatter the reader’s
acceptance of it as well.
Although written over two centuries ago, Gulliver’s Travels resonates
through time because, for all of our modern technological, political, and social
development, we still embrace the idea that, while greed is wrong, there are levels of
it we can and believe we must tolerate. We are no different from Yahoos in greed or
action. Swift proves this to us in the following quotation, with his description of the
Yahoos’ reaction to the procurement of jewels and precious stones. Gulliver’s
Houyhnhnm host describes how “in some Fields of his Country, there are certain
shining Stones of several Colors, whereof the Yahoos are violently fond” (Swift,
239). The Yahoos’ greed mirrors both the classical and contemporary human
relationship with luxurious stones. These Yahoo beasts maim and kill over
trivialities like diamonds and emeralds; we are no better than them. We may not
even be better than the real people of Swift’s time. According to our own United
Nations, modern day humans have been known to cut the arms off of children
because of our diamond trade (United Nations). We have ideas that permeate our
“civilized” society that would no doubt make the least of the Houyhnhnms whinny
with disgust. We have “acceptable casualties” and “justified war.” This accompanies
our own “tolerable greed.” All of which are Yahooian characteristics, and,
furthermore, we perpetuate them covertly while condemning them aloud. As a
consequence, we have deluded ourselves into a false sense of superiority. Swift
presents this to us and teaches us about ourselves through Gulliver and his travels. I
have no doubt that Swift wished that we would begin Gulliver’s Travels a Yahoo
and finish it a Houyhnhnm. I for one am not yet a Houyhnhnm, but can I do it? Yes I
Can! And so can you.
REFERENCES
Swift, Jonathan. (2003). Gulliver’s Travels. New York: Penguin. (Original work
published in 1726)
United Nations Dept of Public Information. (March 2001). Conflict Diamonds.
Retrieved 2/29/2009 from http://www.un.org/peace/africa/Diamond.html
"English 201
DO THE SMART THING:
THOUGHTFUL ACTION AGAINST
GLOBAL WARMING
____________________
MARK WYNNS
THOUGH CLIMATE CHANGE IS A PROVEN PHENOMENON and arguably the most

important issue of our time, it remains misunderstood by many. For decades,
industrial interests that benefit from activity that pollutes the atmosphere have
waged all-out war on the global warming theory in the public arena, simultaneously
stalling solutions and making the problem worse. They insist (correctly to some
extent) that solving the problem will be uncomfortable and cause a lot of upheaval in
the current economic system, but certainly environmental catastrophe (such as G.
Tyler Miller’s forecast of potential wildfires in 90% of North American forests [p.
301]) would be much more uncomfortable. These biased views based on corporate
greed must be ignored, but on the other end of the spectrum, the solutions we decide
on must be well-considered and fail-proof as we can't afford to devote a massive
amount of resources fighting the problem to a plan that doesn't work. With these
factors in mind, the precautionary strategy regarding global warming outlined by G.
Tyler Miller would be the correct response because global warming is a real
phenomenon, but we must take rational, forward-thinking measures to combat it.
Global warming is a complicated thing, and as environmental statistician Bjorn
Lomborg says, "We need to do the smart thing."
___________________________________________________
The Assignment and the Writer: This essay was a response to the science component of a section
of English 201 (Disciplinary Investigations: Exploring Writing across the Disciplines) devoted to the
theme of "The Environment and Animal Rights." The topic asked students to use the climate scientist
G.Tyler Miller's terms in asserting which stance they'd take toward global warming: the no‐problem
view, the waiting strategy or the precautionary approach. I asked them to explain their choice and to
refute the other two arguments. Mark's essay succeeds because of his deft use of textual evidence,
particularly of the embedded quotation, and his even‐handed concessions. – Professor Ann Huse
In “Global Warming: How Serious Is the Threat?,” Miller makes the case
that man-made global warming exists, that its consequences are real, and that steps
should be taken to reverse it. According to Miller (p. 302), the scientific community
can be divided into three categories according to their views on global warming:
• A relatively small group, few of whom with climate expertise, that
claims global warming is not a threat or is even a conspiratorial hoax.
Miller describes them as the no problem school.
• Those who favor the waiting strategy, hoping for more definitive
research and technology development before expensive, uncertain
solutions are implemented
• A third group that supports a precautionary strategy of stopping harmful
activity before the problem becomes unavoidable. This group is also
made up of many who Miller describes as the no regrets school, who
support the phasing out of carbon emissions and fossil fuels, regardless
of climate change evidence, out of its practical benefits to the
environment.
According to the evidence put forth by Miller, it is hard not to favor the
precautionary strategy. He points out that, while there is a 50% percent chance the
current scientific evidence overstates the threat of climate change, there is an equal
chance that the threat is being understated. Even the most conservative of the
scientific arguments compiled by Miller predict that the effects of global warming
will cause “climate instability” and “rapid shifts in global temperature that would be
disastrous for humans and other forms of life” (p. 300). This climate instability
could cause reductions in food crops, rising sea levels that encroach on human
habitats, deforestation, reduced drinking water supply, and extreme weather such as
hurricanes, droughts, and heat waves. Were these to occur, they would physically
harm and/or displace large populations of people, contributing to socio-political
strife. If the coin flip doesn’t go our way and this forecast is an underestimation, the
results could obviously be even more destructive. The world must take action to
reverse or at the least blunt the effects of global warming and hopefully reverse
them.
But what alternatives to our current energy system have been proposed?
Various ideas that sound more at home in a science fiction novel have been
proposed, such as placing giant sun mirrors in space or diluting the oceans with iron
to stimulate plant growth (p. 301). Many argue that overpopulation is a large factor
in the increase of carbon emissions and human reproduction should be curbed (p.
301), but this would undoubtedly be a difficult and controversial move. Some
analysts, including Nobel Prize-winning earth scientist James Lovelock1, see an
increased emphasis on nuclear power as the most practical and effective route to
take (p. 301). Though hearing the words “nuclear power” may conjure up images of
three-eyed fish and mushroom clouds, the reality is that nuclear energy might be the
least disruptive and most effective solution. Lovelock argues that fears of nuclear
side effects are “Hollywood fiction” and that the effects on nuclear activity on
uncontaminated environments are “far less of a hazard than the presence of people”2.
A key advantage would be its potential marketability to policy makers who are
skeptical of an extensive global warming reversal but proponents of nuclear energy.
But regardless of the solution we choose, something must be done. The

waiting strategy is foolish because extensive research has already been undertaken
and we’ve been waiting it out for quite some time. Even more ludicrous is the no
problem theory, which has little scientific underpinning and mostly consists of
denial and distortion of data to fit a pre-determined agenda. People who claim that
the increase in temperature is simply a cyclical, coincidental occurrence obviously
do not take science seriously and, as a result, they themselves shouldn’t be taken
seriously. Besides hopefully limiting the effects of climate change, the
precautionary strategy would encourage a more conscious and healthy way for
humans to treat their planet. While the central climate control focus should be on
nuclear energy, other peripheral strategies proposed through the precautionary
school (such as wind and solar power) would have numerous positive effects on
human health and global politics through renewable, cleaner energy use that is
potentially cheaper and more practical to poorer peoples. The overwhelming
evidence and urgency of the problem make the precautionary strategy the only
viable strategy, but solutions should have been implemented before precaution was
necessary in the first place.
ENDNOTES
1
http://www.independent.co.uk/opinion/commentators/james-lovelock-nuclear-
power-is-the-only-green- solution-564446.html
2
Lovelock, James (2006). The Revenge of Gaia. Reprinted Penguin, 2007.
"Interdisciplinary Studies Program B6

JUSTICE AFTER DEMOCIDE:
FIRST, DO NO HARM
____________________
HANNAH HOUSE

JUSTICE IS A POSITIVE PROCESS through which a society seeks to rectify violations
of law or subversions of established social order. A system of justice carries
authority and it can and often does use this authority to impose sanctions on those
who violate the social contract. Justice is reactionary and consequentialist in nature,
since it addresses past actions with a view to a future outcome. Yet no system of
justice can erase or undo a crime. The main value of the pursuit of justice can be
found only in the ways a justice system seeks to shape the future, and the credibility
it has within the society to do so.
Like medicine, justice exists as a response to complaint. Medicine
addresses ailments in the individual. Justice addresses violations of order in society.
In responding to social ills, a system of justice would do well to explicitly embrace
that ancient guiding principle of medicine, to ‘first, do no harm.’ This is what is
___________________________________________________
The Assignment and the Writer: This essay emerged out of a course we ran in the Interdisciplinary
Studies Program in the Fall of 2009 entitled “Community, Responsibility and Justice.” We came at
these themes from different angles and time periods: the rise of the Nazis in Weimar Germany,
Japanese Internment during the Second World War, the prospect of atomic annihilation in the age of
the Cold War, and ethnic genocide in Rwanda. As a final, capstone assignment for the class, we
asked students to: a) define and delineate the principals that underpin their concept of justice; and b)
attempt to apply these principals to post‐genocide Rwanda. Ms. House’s essay represents a
thoughtful, elegant and balanced attempt to deal with these difficult issues, and a mature attempt to
make some sort of meaning out of a deeply troubling and morally opaque episode in our collective
history. – Professor Richard Haw
called in the philosophy of non-consequentialism a ‘negative duty.’ Non-

consequentialism is the philosophy that actions should be performed because they
are correct without seeking a particular outcome. Christopher Robichaud describes
an individual’s negative duties as, “obligations to refrain from doing things that
harm people” (p 185). At the society-wide scale of justice, a non-consequentialist
injunction would rationally be to avoid causing further harm to society.
This consideration alone would make for a largely inactive justice system,
as negative duties only constrain behavior. Non-consequentialism provides positive
duties too. “Positive
duties are obligations to
No individual or group should be systematic- do things that aid people”
ally excluded from seeking redress or from (Robichaud, p 185). As
participation in decisions regarding the with negative duties, I
structure and administration of the justice would expand this into an
system under which it may be judged. obligation to society as
well. A worthwhile sys-
tem of justice derives its
main purpose from the benefits it brings to society. In the wake of an irrevocable
wrong, the best attempts at justice are redress—to whatever extent it is possible and
can directly address the initial harm—and attempts at preventing a repeat of the
harm through positive duty.
Justice only extends as far as it includes. No individual or group should be
systematically excluded from seeking redress or from participation in decisions
regarding the structure and administration of the justice system under which it may
be judged. Justice is not served when only certain groups of victims—or
perpetrators—are legitimized. All persons in a society should be treated equally in
its laws and its practice of justice. No individual or group should suffer or enjoy a
different outcome by virtue of some distinguishing trait or status. Recognition,
inclusion and equality, along with the duties of non-consequentialism, are necessary
for justice to be done.
There is no justice for the dead. No restitution can be made to a dead
person, no process of justice can restore life. Justice is for the living. The pursuit of
justice in the wake of the 1994 mass killings in Rwanda is of vital importance.
One issue of justice that needs to be addressed in Rwanda is the clarification
of just who, among those who died, is to be recognized as a victim. The death toll
for the year of 1994 is estimated at 800,000. Though many Hutu and a significant
percentage of Twa were killed by the Hutu Power government, the majority of the
victims were Tutsi and the present (mostly Tutsi) Rwandan government only
recognizes Tutsis as having been targeted victims. The dead Hutu and Twa are
presumably seen as collateral damage. This narrative, that what happened happened
against the Tutsi, is common but not the whole story.
The Rwandan Patriotic Front (RPF), a Tutsi rebel group headed by current
Rwandan President Paul Kagame, invaded Rwanda as the systematic killings began.
The RPF are estimated by the UN High Commission for Refugees to have killed
between 25,000 and 45,000 people between April and August of 1994 as they swept
across Rwanda. (Roth; May 26, 2009). In these killings by the RPF, according to a
Human Rights Watch report, “no pretence was made of selecting victims; all were
judged to be the enemy by the fact of being alive, including, sometimes, people who
were Tutsi and, often, people who had protected Tutsi” (HRW; 2009, Mar. 12). Yet
any mention of these massacres by the RPF leads to the government’s branding one
as a revisionist and an enemy, and possibly even thrown in jail. And what about the
other ethnic group, the Twa? They represented only about 1% of the Rwandan
population going into 1994. There are estimates that 30% of the Twa population
was killed in 1994, yet they are not acknowledged as a victimized population
(Jackson, 2002).
The principles of inclusion and equality mandate that justice for Rwanda
ought to include recognition of the non-Tutsi victims, yet the Twa are completely
marginalized and the killings by the RPF have gone unpunished. Clearly there was
more than one genocide going on in Rwanda, and framing the conflict that way is
misleading. Rather, what happened in Rwanda would be better termed a democide,
defined by R.J. Rummel as, “the murder of any person or people by a government,
including genocide, politicide, and mass murder” (Rummel, 1994). The RPF’s
actions in 1994 can be fit under that umbrella term comfortably since the killings
took place in areas which they controlled. The term democide implies no exclusion
of victims, nor does it automatically exculpate any perpetrators. In his studies of
mass killings of people by their own governments, Rummel has found that the
societies least likely to suffer democide are the ones that are more liberally
democratic.
The factors that facilitated the mass killings in Rwanda were not purely
internal, and so the subsequent roots of justice must also extend outside its borders.
The actions of international actors, including the United Nations and the USA, left
Rwandan civilians with no protection and extended the amount of time during which
killings could take place by impeding other international actors who wished to help.
Within Rwanda, the government-sponsored narrative that only Tutsi were true
genocide victims does not reflect the true toll. Achieving maximum justice for
Rwanda requires Rwanda and the international community to acknowledge these
facts.
“The great responsibility that comes with the great power isn’t a duty to use
that power as a superhero, it’s at most an obligation not to harm others by misusing
it” (Robichaud, p 187). This statement allows for an easy non-consequentialist view
of the role of the USA in the Rwandan conflict. Substitute “superpower” for
“superhero” and the moral duty of the USA is clear: to avoid causing harm in
Rwanda, or any other country. The emphasis is squarely on negative duties. They
matter more. Should the USA, the UN or any other country or NGO take positive
action to help in a crisis such as Rwanda’s, such actions are supererogatory, “beyond
the call of duty” (Robichaud, p 187).
Unfortunately, the USA did harm Rwanda during that time, and the size and
power of the USA made those actions especially destructive. The peacekeeping
operation in Somalia that turned fatal in 1993 damaged President Clinton’s
popularity. In an effort to avoid any such political damage in the future the Clinton
administration changed its foreign policy regarding developing nations in which the
USA had no strategic interest. Not only did the administration decide to avoid
militarily intervention and participating in peacekeeping forces in developing

nations, policy guideline Presidential Decision Directive 25 laid out the
administration’s decision to actively dissuade other nations from intervening in any
situation in which the USA did not wish to get involved (Gourevitch, p 150). From
its permanent seat on the United Nation’s Security Council, the USA pushed for
withdrawal of all the peacekeeping troops in Rwanda and refused for weeks during
which the democide was going on to authorize peacekeeping forces volunteered by
other nations. No American soldiers were requested, yet the USA dragged its feet as
the killings went on. Other nations were willing to intervene in the democide to stop
it. The USA could have refused its troops and money, but let the other nations
proceed. Instead, a policy of active interference violated our most basic negative
duty and doubtless resulted in more deaths (Gourevitch, p 151).
Honoring positive duties that actively work toward a better future for society
is required for any system of justice that seeks to prevent the subject ills from
reoccurring. An example of attempts to fulfill the positive duty in post-democide
Rwandan justice is the effort by the government, if sincere, to encourage Rwandans
to think of themselves only as such, rather than as Hutu, Tutsi or Twa. Positive
duties are also the reason for the local community tribunals, though those are alleged
to be controlled by the central government (Higiri, 2009). The best positive action
that could be undertaken in Rwanda in the name of justice would be a real
democratization.
Democratizing, liberalizing and protecting the rights of individual citizens
would help Rwanda achieve justice. Furthermore, Rwanda and the international
community must recognize and respect the scope and complexity of what occurred
rather than buying into a simple narrative of democide, of the killed and the killers.
Last, the USA and international community need to observe their negative duty not
to cause further harm when atrocities are occurring. Then Rwanda may be able to
have some justice.
REFERENCES
Gourevitch, P. (1997). We wish to inform you that tomorrow we will be killed with
our families: Stories from Rwanda. New York: Farrar, Straus, and Giroux,
pp. 147-171.
HRW, Human Rights Watch. (2009, Mar. 12). The Rwandan Patriotic Front.
Human Rights Watch. As viewed at http://www.hrw.org/archive/reports
/1999/rwanda/Geno15-8-03.htm#P719_232551 on 8 December, 2009.
Jackson, D. (2002). Rwanda: Dispossessed Twa people press for recognition.
World Rainforest Movement. As viewed at http://www.wrm.org.uy/
bulletin/62/Rwanda.html on 1 December, 2009.
Lippmann, W. (1922). Public Opinion, pp. 8.
Robichaud, C. (2005). “With great power comes great responsibility: On the moral
duties of the super-powerful and super-heroic". In Morris, T. and Morris,
M., eds., Superheroes and Philosophy. Open Court Publishing: Chicago.
pp. 177-193.
Roth, K. (2009, May 26). Open letter to Justice Hassan B. Jallow, Prosecutor for
the International Criminal Tribunal for Rwanda. Human Rights Watch. As
viewed at http://www.hrw.org/en/news/2009/05/26/letter-prosecutor-
international-criminal-tribunal-rwanda-regarding-prosecution-rpf-c on 8
December, 2009.
Rummel, R.J. (1994). Death by Government. New Brunswick; Transaction
Publishers. As viewed at http://www.hawaii.edu/powerkills/DBG.
CHAP2.HTM#* on 7 December, 2009.
"English 201
COURAGE AND HEROISM DURING
WWII: FAMED FIGURES OF THE
GERMAN ANTI-NAZI RESISTANCE
____________________
SOFIA CHELIOUT DA SILVA

MORAL COURAGE AND, CONSEQUENTLY, PHYSICAL COURAGE, are based on careful
rationalization when facing possible death. Aristotle’s definition of courage, which
is fundamental to our modern understanding, further explains that the courageous
action finds its motivation in the defense of a noble end. Strength, dignity,
selflessness, altruism, and readiness to endure pain are all qualities displayed by the
courageous man driven by a sense of honor and a fear of disgrace. These criteria,
noted by Aristotle, are at the foundation of a concept of heroism. In addition,
heroism includes Emerson’s (1983) qualities of “gentility” (p.371), unwavering self-
trust in “the rectitude of (one’s) behaviour” (p.374, 375), and the willingness to
stand alone against all with “contempt for safety and ease” (p.374). Temperance,
indifference to the vicissitudes of the material world, and limitless generosity are
also cited by Emerson (1983) as exceptional qualities of the hero on his righteous
quest. One might think that Aristotle’s definition of courage is outdated, and that its
___________________________________________________
The Assignment and the Writer: The theme of my section of English 201 is Courage and Heroism:
from the problems of definition to the complexity of example. Students were asked to write on two
significant figures of the anti‐Nazi opposition in Germany during World War Two, Sophie Scholl and
Count Claus von Stauffenberg, and to examine the nature of their courage and heroism in light of the
writings by Aristotle and Emerson on these aspects of human action. Students watched two recent
movies based on the actions of these two historical figures and read the actual leaflets produced by
Sophie Scholl and her friends in The White Rose Group of which she was a member.
– Professor Thomas McGonigle
expression in heroism is now restricted to long-past historical events and works of

fiction; not so claims Emerson (1983, p.378, 379). For those of us willing, the
contemporary world offers plenty of opportunities to demonstrate outstanding
courage when choosing to commit to a heroic action.
Remarkable examples of men and women of our times engaging in heroic
actions, are depicted in movies such as Sophie Scholl –Die Letzten Tage (2005),
directed by Marc Rothemund, and Valkyrie (2008), directed by Brian Singer. Both
movies take place in Nazi-Germany during WWII, and both explore real events in
the lives of real people involved in German resistance movements against Hitler’s
regime at the height of war. However, the main characters have very different
backgrounds, original interests, and positions on what Germany should stand for and
what its people should strive for. Sophie Scholl –Die Letzten Tage retraces the last
six days of members of the non-violent underground student movement, the White
Rose, focusing more specifically on famous dissidents Sophia Magdalena Scholl,
her brother Hans, and their friend Christoph Probst, through the rapid chain of
events that led to their demise. While Sophie Scholl highlights the role of civilian
resistance, Valkyrie examines the resistant current that developed in the military
branch of German society. It follows the organization and execution of the last of the
fifteen known plots to assassinate Hitler, and details the widespread ramifications
and the surprisingly extensive involvement of numerous high ranking officers, with
particular attention to the role of Colonel Claus Schenk Graf von Stauffenberg.
Sophie Scholl, along with her brother, and some of their friends and fellow
students of Munich University, were active members of The White Rose movement.
They advocated for “passive” resistance against Hitler’s regime through the
publishing and distribution of anti-Nazi propaganda in passionate leaflets, and the
painting of slogans on walls around the university district. In 1943, in broad day
light, Hans and Sophie chose to take great risks to disseminate the left over tracts
that they were not able to mail out, having run out of envelops, by placing them by
the classroom entrances and around the university’s main hall. Unfortunately, when
Sophie pushes the leaflets off the edge of the stairs, and sends them flying in the air
as the class period ends and students exit their classrooms, she and Hans are spotted
by the custodian. From this point on, everything goes extremely fast; they are taken
away by the police, interrogated for three days at the Gestapo’s offices, tried and
sentenced in Judge Roland Freisler’s sham People’s Court, and finally executed on
the very same day on counts of high treason, demoralizing the troops, and abetting
the enemy. The White Rose’s network was then quickly dismantled through
information gathered during further interrogations, but Sophie and Hans never
implicated any other but themselves. To this end, Sophie became known for her
ingenuity and ability to effectively counter all the questions of her Gestapo
interrogator, forcing his respect, if not his comprehension of her dissident position.
From the moment Sophie decides to take part in the distribution of the anti-
Nazi pamphlets until her death, she remains unfaltering in her resolve and
determination, and staunchly affirms her devotion and loyalty to her friends and co-
conspirators, as well as to the “Idea” (Sophie Scholl –Die Letzten Tage, 2005) she
defends. Her extraordinary courage transpires in her willingness to take on more
than her true share of responsibility to protect others, despite being fully aware that
it will cost her her life. She turns down the offer of her Gestapo interrogator to spare
her; she will not betray what she deeply believes is right and good. Clearly, she does
not think of herself as a hero, thus becoming one; she considers herself simply as
one of the many who have come to distrust Hitler, and revolt against the atrocities he
cautioned. She is one who takes it upon herself to voice what others think and dare
not say. She is convinced that her actions and trial will ignite a civil uprising of the
students and the intelligentsia, forcing Hitler’s removal from power. Sophie is driven
by self-trust and confidence in the righteousness of her cause; she relentlessly and
selflessly fights for a noble end, for freedom and individual responsibility, for
Germans to reclaim themselves as a nation, and for them to stand again for
“conscience, morals, and God” (Sophie Scholl – Die Letzten Tage, 2005). Self-
composed and cool-headed, she faces her detractors; her astonishing calm further
reflects the incredible courage that supports her heroic action. The argumentation at
the foundation of her principles is highly articulate, and reveals Sophie’s great
intellectual abilities. She overcomes the brute force of the system she opposes
through sheer will and moral strength, making her heroic action all the more
admirable.
In Valkyrie (2008), Colonel Stauffenberg is faced with the disheartening
realization that Germany’s commander in chief is leading the country, and Europe as
a whole, to utter destruction. Stauffenberg is keenly aware that his men do not
understand or support the
ideology and the policies
[T]hese historical figures have not only they are supposed to be
offered Germany’s collective consciousness fighting for; they are giving
a form of redemption, but also a valuable their lives to an indefensible
legacy to the rest of the world; they have cause, and are dying in vain.
inspired others to rise and fight for a just Once he is convinced of a
cause in later times and places. possible chance of success-
fully assassinating Hitler and
overthrowing the Nazis,
Stauffenberg takes part in a clever and extremely detailed and intricate military plot
diverting a contingency plan already put in place by the Fuhrer to protect his regime
from a civilian insurrection. Members of the conspiracy include high ranking
officers that will have access to both military intelligence and power. They succeed
in having Hitler sign their new version of Operation Valkyrie, assuring the exclusion
of the SS in the response against a potential civilian insurrection. This will be of
critical importance, as the co-conspirators will argue that the SS have staged a coup
by killing Hitler at the Wolf’s Lair, necessitating the initiation of Valkyrie not
against civilians but against the government apparatus itself. Stauffenberg himself
becomes the driving force behind the enterprise and its main coordinator. After a
first failed attempt due to political indecision, he manages to place a bomb to kill the
Fuhrer despite an impressive and seemingly insurmountable military protection of
Hitler at the Wolf’s Lair. Persuaded of the success of his mission after witnessing
the bomb’s explosion, he returns to Berlin where he expected Operation Valkyrie to
have been in full effect. Unfortunately, his collaborators in Berlin did not follow
through the original plan as prescribed, and it becomes rapidly apparent that the
whole operation has failed. All involved will be executed. Expeditiously,

Stauffenberg is court-martialed and shot the very same day, despite orders from
Hitler himself to have the culprits kept alive until his arrival.
Like Sophie Scholl, Stauffenberg shows inflexible resolve and courage once
he has committed himself to the improbable task at hand. He is also well aware of
the possible consequences of his actions not only for himself, but for his family as
well. Nevertheless, he carries on his mission, even when knowing that all has been
irremediably lost. His dignity, strength, and determination transpire as he refuses to
give up his fight, and accepts imminent death in retribution for his actions. His
generosity and selflessness are evident when he tries to help a high ranking co-
conspirator to avoid being captured, instead of running away himself. Interestingly,
Stauffenberg’s background and original motives are quite different from Sophie’s
and the White Rose members’. From an old aristocratic family, he did support the
annexation of the eastern territories as well as the colonization of Poland, and the
use of their populations as slave workers. Most aristocrats hoped for the return of a
pseudo feudal regime allowing them to reclaim power, rank, and prestige within
German society while reviving their fantasies of medieval order. However, he did
not condone the horrendous treatment of civilians of occupied territories, and
thought, like Sophie, that no matter what one’s opinion was on the “Jewish
question”, nothing could ever justify atrocities committed by the Nazi regime
against human beings. The Colonel’s motivation to act was also deeply rooted in the
belief that Germany’s defeat was ineluctable after the battle of Stalingrad. Rational
thinking and his moral sense convinced him that by honoring his oath to the Fuhrer
he was really betraying Germany and its people; Hitler, having revealed himself to
be a madman and a liar, was unworthy of Stauffenberg’s oath, causing him to recant.
Avoiding unnecessary casualties and destruction were at the core of his unmovable
trust in the righteousness of his position. Stauffenberg the nationalist aristocrat
remains an ambiguous character, though he carried out a heroic action in defense of
the greater good.
While, Sophie Scholl supported a non-violent form of dissention against
Hitler’s Third Reich, Stauffenberg pursued a more forceful approach to remove and
replace the Fuhrer, though with quasi surgical measures, thus greatly limiting
potential harm or loss of lives apart from specific individuals. For both, it was
crucial that Germans demonstrate a will to distance themselves from the regime in
place, in order to reclaim a certain dignity in the eyes of the soon to be victorious
Allies, as well as that of the future generations worldwide, and of Germany itself.
Morality was essential in their response to Nazi Germany, and though they were
both Christians, they considered morality to be basic to human conscience, apart
from any religious faith. Great courage, moral strength, pride in their principles,
undaunted self-trust in the righteousness of their actions and beliefs, and selflessness
guided Sophie Scholl’s and Claus von Stauffenberg’s heroic actions. Their deaths
were not in vain; they fulfilled an ultimate victory against their adversaries. Death
was the culmination of their fight for what is good and right; transcending the realm
of materiality, they became one with the “Idea” (Sophie Scholl –Die Letzten Tage,
2005), as Sophie put it. Thus, these historical figures have not only offered
Germany’s collective consciousness a form of redemption, but also a valuable
legacy to the rest of the world; they have inspired others to rise and fight for a just
cause in later times and places. As one remembers their courage in accomplishing
heroic actions, one can understand Emerson’s urging to consider each of us to be a
potential hero of our day, if we have the will. Sophie Scholl and Claus von
Stauffenberg demonstrated that courage and heroism are not antiquated,
unachievable, or unrealistic to our modern times, but very much a thing of the
present and the tangible.
REFERENCES
Aristotle. (1976) Book III, vi-ix in The Nichomachean Ethics. New York: Penguin
Classics
Emerson, R. W. (1983) “Heroism” In J. Porte (Ed.) Essays and Lectures. New York:
Library of America.
McQuarrie, C. (Producer) & Singer, B. (Director). (2008) Valkyrie [Motion Picture].
USA: United Artists.
Mueller, C. (Producer), & Rothemund, M. (Director). (2005) Sophie Scholl –Die
Letzten Tage [Motion Picture]. Germany: Broth Film.
"Philosophy 231
IS GOSSIPING ETHICAL?
____________________
KARYNA PRYIOMKA

WORDS ARE AMONG HUMANITY’S MOST POWERFUL WEAPONS. People use them
to start wars, ruin reputations, make peace, find compromises, and simply talk about
each other, to gossip. I will not touch upon the issue of intentional lying in this
essay. Although lies can be perpetuated through gossip, their ethics and effects on
society are a separate discussion. For the purposes of this discussion, however, a
gossiper has to believe that what he or she says is true. For example, Lena overhears
her coworker Helen’s phone conversation in which Helen mentions her husband’s
name and something about the misfortunes of her marriage and how she is tired of it.
Lena concludes that Helen is at least having family problems or may even be
considering a divorce. After work, Lena shares this newly acquired information with
another coworker, Margo. Margo listens to Lena, a trusted friend, decides that her
words have some merit, and accepts the information as true. Margo then might tell
her husband about Helen’s misfortunes. In this case, both Lena and Margo believe
what they say and hear; otherwise, they would not repeat the information to anyone,
for it would be considered lying. Therefore, gossip is a belief about another person
that is shared with a third party, and the ethical implication of this belief depends on
the evidence.
___________________________________________________
The Assignment and the Writer: For this term paper assignment, students select a philosophical
question or puzzle they find deeply meaningful and then incorporate a film which speaks to that
question and is related to issues raised by the course. By scaffolding the assignment and providing
feedback at each stage, there is structure enough to support some very creative research while
allowing for the individual interests of diverse students. There are four sub‐assignments: proposal
(topic, thesis, film, and bibliography); initial draft (limited to textual explication); second draft
(incorporating argument and application to film); and the final paper (synthesis and revision in light
of peer review and my comments on earlier drafts). – Professor Tanya Rodriguez

In his essay “The Ethics of Belief”, Clifford (1877) argues that “it is wrong
always, everywhere, and for anyone, to believe anything upon insufficient
evidence.” He claims that a belief cannot be separated from the action that it
suggests and that one’s belief is never a private matter and affects society as a
whole. For example, if a male personnel officer in a bank believes that women’s
ability to deal with numbers and finances is worse than that of men, he is more likely
to hire or promote a male accountant than a female. He is also more likely to treat
his wife unfairly, and his little son grows up observing and learning from his farther.
Consequently, these two men participate in furthering the unfair treatment of women
socially and professionally; thus affecting society. The soundness of Clifford’s
argument is well supported by historical events such as the Holocaust. Adolf Hitler
believed that Jewish, Slavic, and Gypsy people are unworthy of living and less
intelligent than his own race. He was able to persuade millions of people of the
legitimacy of his beliefs and did not hesitate to act on them. His actions resulted in
millions of dead and injured people all over the world.
Under Clifford’s conceptualization, gossip, as a belief, also provokes action
and affects society as a whole. Let us continue looking at the hypothetical situation
discussed earlier. Once Lena shared her assumptions about Helen with Margo, the
information stopped being private. Regardless Margo’s decision to pass on Helen’s
story or not, the information she heard about Helen will still affect Margo’s attitudes
toward her. She might start feeling pity for Helen and express it through her
behavior. Moreover, if Margo shares the information with her husband, his attitudes
are going to be affected as well. If he accepts Margo’s message as true, he is more
likely to report it further, involving more people and affecting the society.
Furthermore, gossip can lead to actions that have far from positive effects. The
gossip may reach Helen’s husband. If the situation in their family is actually that
serious, he may be upset with Helen for sharing sensitive information. If Lena
misunderstood Helen and if the situation in Helen’s family is not bad, the gossip will
still upset Helen’s husband and make him suspicious about Helen’s attitudes toward
their marriage or about her faithfulness. In any case, Helen’s relationship with her
husband will be strained. As Clifford says, a belief is never a private matter because
it affects society as a whole, and gossip is no exception.
Unfortunately, Clifford’s argument fails to explain what constitutes
sufficient evidence. He argues for sufficient evidence without providing any
instructions on how to gather such evidence or how to distinguish it from
insufficient evidence. This makes an evaluation of evidence problematic because we
never know when we have enough. For example, suppose crime scene investigators
find a partial fingerprint that seems to belong to the defendant. The guilt of the
defendant is also supported by an eye witness. However, the defendant may still be
innocent. In this case, convicting the defendant may still be wrong although the
evidence appears to be sufficient. The same sort of confusion can happen with
gossip. When people talk about each other, they do not always bother to verify the
information they spread; moreover, even if they do verify it, they still do not know
whether it is sufficient.
The gap in Clifford’s argument can be filled by Descartes’ work in
Meditations on First Philosophy (1979) that questions the existence of evidence
sufficient for belief in general. In Meditation One, Descartes (1979) argues that
senses mislead people. For example, if one looks at the pencil in the glass of water,
he or she will see that the pencil is bent. Also, a person may hear a sound and not be
able to accurately identify its origin, meaning that the person will be deceived about
the origin of the sound and consequently about any other information connected to
it. Moreover, Descartes (1979) claims that a person cannot surely distinguish
between sleep and reality, meaning that experienced events may not be true. For
example, a person can have a dream in a dream, which means that when he or she
wakes up, the dream continues. Then he or she wakes up again and cannot tell for
sure whether the dream is over. The more one dreams in such a fashion, the less
likely he or she is to make a difference between a dream and reality. Consequently, a
person who talks about himself reports information derived through his senses that
cannot be trusted. It can deceive the person to whom the information is reported and
if this person gossips, can lead to the deception of other people
Furthermore, Descartes (1979) argues that a person can be deceived “by the
terms of ordinary language: “I latch onto words themselves and I am very nearly
deceived by the ways in which people speak” (p.21). In other words, what is phrased
as reality may not actually be reality, “for we say that we see the wax itself if it is
present and not that we judge it to be present from it color or shape” (p.21). This
means that there is always risk of misinterpreting received information and passing
along a wrong message. For example, Veronica tells Kathy that she likes her
coworker Nick. Veronica might mean that she likes his work, dedication, and
conscientiousness. Kathy, however, may think that Veronica likes him as a man and
has some sexual interest in him. In this case, if Kathy will gossip about what she
thinks Veronica told her, she will jeopardize Veronica’s current relationship and
probably even her employment. At the very least, Kathy’s illegitimate belief would
become public and affect four people including Veronica, her boyfriend, Nick, and
his girlfriend. Unfortunately, this sort of misinterpretation or misunderstanding can
happen with any sort of information, which again proves that there is no sufficient
evidence to support gossip.
Additionally, a lot of information for gossip comes through observation of
others. In Meditation Two, Descartes (1979) argues that there is no way one person
can know what is going on in the mind of another. He claims that people are
incapable of seeing beyond physical appearances and that the thoughts and the
motivations of others are mysteries for an observer. In other words, everything that
is observed about other people can be misunderstood and misinterpreted. For
example, Mike sees his teammate John talking to Dan, a member of their rival team,
the day before a very important game. John and Dan look nervous and seem to be
suspicious about anyone seeing them. Mike concludes that John is sharing team
strategies with Dan and rushes to his other teammates to tell how mistaken they have
all been about John and his loyalty to the team. The next morning, John is
disqualified, and in two more days everybody finds out that John’s mother is very ill
and Dan was giving him prescriptions for her that Dan’s farther, a doctor, wrote for
her. In this case, due to Mike’s observations and wrong conclusions, John’s
reputation has been damaged. Moreover, Mike’s reputation and self-esteem have
been affected too. Unfortunately, there was no way for Mike to know what was
really happening, and his gossip was a wrong message that affected lots of people.
The ethics of gossip can be further understood through the movie Gossip
(Guggenheim, 2000). In the movie, Derrick, Cathy, and Travis are the students in
one of the major universities in the United States. For the term paper project, they
decide to start a rumor about one of their fellow students, Naomi, and track how it
changes over time. Unfortunately, the experiment goes out of control, and innocent
people begin to suffer. Consequently, the movie supports the idea that gossip always
changes and affects single individuals as well as society as a whole.
The movie Gossip (Guggenheim, 2000) illustrates Descartes’ ideas about
people being misled by the terms of ordinary language and tendency to misinterpret
the information they hear. After one of the parties, Jones tells one of Naomi’s
friends that she [Jones] left before Naomi came down and that “apparently she
[Naomi] and Beau were up in the bedroom having sex during the party” (Gossip
script, n.d.). As Derrick, Cathy, and Travis predicted, the facts of the message start
changing rapidly and continue to change throughout the movie, with people editing
the initial message and adding new information to it. To make this transformation
even more dramatic, in one of the scenes, producers use video montage by changing
the speaking person every couple of seconds while the message continues to be
uninterrupted. For example,
Student 1: …I heard when he put his hand in her crotch…

Student 2: …at first she resisted, but…
Student 3: …you know how these things go...
Student 8: …next thing you know…
Student 9: …she's holding his crotch…
Student 10: …and her skirt…
Student 11: …is up over her…
Student 12: …ears... (Gossip script, n.d.)
Eventually, the scene finishes up with the message that Naomi wears rubber
underwear and enjoys having sex with multiple partners. Interestingly enough, no
one has actually seen any of this happening, and almost half of the people gossiping
about it have not even been at the party. Such a change in the initial information
evidently supports Descartes’ claims about people being misled by the terms of
ordinary language and the inability to derive accurate information through observing
others. Consequently, the movie supports the idea that the information spread
through gossip is highly unreliable and is a subject to change.
Additionally, Gossip (Guggenheim, 2000) shows Clifford’s idea about the
potential harm of beliefs based on insufficient evidence to individuals or society as a
whole. As the information about Naomi and Beau having sex continues to change
and circulate around the campus, it starts to negatively affect people involved. First,
Naomi hears the gossip and with suggestions of her friends concludes that Beau
raped her. She remembers that she did not consent to having sex with him, but due
to the alcohol intoxication, she passed out and does not remember what happened
then. Consequently, Beau gets arrested for the rape. His reputation is ruined, and he
is about to be expelled from the university. Moreover, even the starter of the gossip
gets negatively affected. Seeing how far the experiment has gone, Cathy develops a
strong sense of guilt. She loses sleep and becomes anxious. She starts arguing with
Derrick who stops her from telling the truth, and the relationship between the
authors of a so-called project worsens with every day. Eventually, the whole
university’s community becomes involved. Beau’s friends argue with Naomi’s
friends accusing Naomi of pressing false charges. Male students attack female
students by claiming that, in general, rape is women’s fault because they do not take
responsibility for expressing their sexuality. Therefore, as Clifford argues, the whole
society becomes affected because of one accepted belief that is clearly not supported
by any sufficient evidence.
Gossip is a belief about another person that is potentially harmful to that
person and those around him because of people’s inability to verify the legitimacy of
this belief by obtaining all the evidence necessary to support it. However, such a
conclusion does not mean that people will or should stop gossiping. It means that
they should take precautions and use their best judgment to minimize the potential
harm. Before engaging in gossip, an individual should carefully consider the context
of the situation he or she is in. A crowded room is not the best place for talking
about intimate details of somebody’s life because the probability of being overheard
is too high. Another factor to consider is with whom the information is shared. A
gossiper must take into account the degree of closeness with the individual he or she
is talking to. People whom one barely knows should not be presented with any
private information no matter whom this information concerns. Furthermore, one
should consider how much information one has about the situation. One should
realize that if he or she hears about some sort of event from a person who was not
even there, the chances that this information is accurate are extremely low. In other
words, everyone is responsible for the information he or she carries, and everyone
should understand the potential harm of passing this information on. Gossip travels
rapidly, and in the world of FaceBook, MySpace, twitting, and text messaging, one
message can reach hundreds of people in seconds. Then each of these people can
send the message to another hundred. When so many people are involved, gossip
can become uncontrollable. Unfortunately, its consequences may be both harmful
and irreversible.
REFERENCES
Clifford, W. K. (1877). The ethics of belief. In J. R. D. Leo’s (Ed.) From Socrates to

cinema: An introduction to philosophy. New York: McGraw Hill.
Descartes, R. (1979). Meditation s on first Philosophy. (D. A. Cress, Trans.).
Indiana: Indianapolis. Hackett Publishing Company, Inc.
Gossip script—dialogue transcript. (n.d.). Retrieved December 10, 2009, from
http://www.script-o-rama.com/movie_scripts/g/gossip-script-transcript-
kate-hudson.html Guggenheim, D. (Director). (2000, April 21). Gossip
[motion picture]. The United States: Warner Brothers Pictures.
"English 250
MEMO IN SUPPORT OF A MOTION
FOR HABEAS CORPUS REVIEW
____________________
MEUSETTE GONZALEZ

INTRODUCTION
IN JULY 2002, CANADIAN CITIZEN OMAR KHADR was involved in deadly combat
with U.S. Military forces in Afghanistan. He was shot in the back twice and is
accused of throwing a grenade that killed a U.S. Marine. Taken into custody, he was
moved to Guantanamo Bay in October 2002, where he has been ever since,
undergoing the military tribunal process without resolution. He was officially
charged on April 24, 2007, after being imprisoned in Guantanamo Bay, Cuba for
five years. I am requesting habeas review of his unlawful detention.
FACTS
In the aftermath of September 11, 2001 President George Bush urged Congress to
pass the Authorization for Use of Military Force (AUMF), which provided the
President the power "to use all necessary and appropriate force against those . . . he
determines planned, authorized, committed or aided the terrorist attacks . . . on
September 11, 2001." Omar Khadr was not a 9/11 terrorist suspect, so the AUMF
___________________________________________________
The Assignment and the Writer: Meusette Gonzalez’s memorandum was written for my ENG 250
legal writing class. In order to write this memo, she conducted independent research into the case of
Omar Khadr, who was detained in Guantánamo Bay at age 15, and whose case poses many legal,
political, and ethical difficulties, all of which she addresses. Ms. Gonzalez followed the typical order
of legal memos, dealing first with facts, then legal questions, and finally confronting the broad
political and moral complexities which complicate any legal resolution of this case.
– Professor Toy‐Fung Tung
Bill does not apply to him. Yet he was still held for over two years in Guantanamo
Bay without any outside communications, including with his family. Khadr did not
get to meet his legal counsel until November 2004. He was never presented with the
evidence against him and was subjected to numerous interrogations without the
presence of legal counsel. The Optional Protocol to the Convention on the Rights of
the Child was ratified by the U.S., and it applies to Mr. Khadr. It states that “the
involvement of children in armed conflict, which among other things prohibits the
recruitment or use in hostilities by non-state armed groups under 18 years old, and
requires states to provide any such child who comes under their jurisdiction all
appropriate assistance for their physical and psychological recovery and their social
reintegration.” The states agreed that the Protocol “will contribute effectively to the
implementation of the principle that the best interests of the child are to be a primary
consideration in all actions concerning children.” But instead of acknowledging that
Mr. Khadr was indeed a child soldier, and in need of special treatment, the United
States government put its own objectives first. Khadr’s lawyer stated that “Khadr
has been singled out because American officials believe he may have “intelligence
value,” because his father, Ahmed Said Khadr, had been a close associate of Al-
Qaeda leader Osama bin Laden. (Trio of opposition MPs press for Khadr’s return,
Feb. 25, 2008, available at www.cbc.ca). In 2002, the same year Mr. Khadr was
taken captive, the only other juvenile held in Guantanamo Bay was released. That
fourteen-year old Afghani boy had been accused of shooting and killing a U.S.
soldier.
Even though Omar Khadr is accused of throwing a grenade that killed a U.S.
Marine, the details of the incident are unclear. Significantly, a U.S. soldier claimed
in 2002 that Omar Khadr was not the sole survivor in the deadly combat, and so the
possibility that someone else could have thrown the grenade presently exists. The
young boy sustained serious physical injuries during the combat, which included
shrapnel in and around his left eye, thigh, knee, ankle and foot. He is now blind in
the left eye, and his right one is failing him more and more everyday. He was also
shot in the back twice. Joe Comartin from Canada’s NDP stated that “We did not
play our proper role in protecting Mr. Khadr’s rights. We are not going to remain
silent any longer. We have not done our job up to this point. We are going to do it in
the future.” (Trio of opposition MPs press for Khadr’s return, Feb. 25, 2008,
available at www.cbc.ca).
In 2004 lawyers for the Boumediene defendants filed a habeas corpus
application, and the Supreme Court found in Rasul v. Bush, 542 U.S. 466, 473
(2004) that habeas corpus does extend to Guantanamo Bay detainees. In their
decision, the Justices cited 28 U.S.C. S §2241. By 2004, the Combatant Status
Review Tribunal (CSRT) had already declared Khadr an “enemy combatant”. But in
light of the Rasul verdict, Khadr was not granted habeas rights. Instead, Congress
passed the Detainee Treatment Act of 2005 (DTA), which amended 28 U.S.C.
§2241 and gave the D.C. Circuit Court “exclusive” jurisdiction to review the
decisions made by the CSRT. With the DTA, Congress had once again tried to keep
the detainees from reaching the Supreme Court. Once again, the Supreme Court
ruled against the government and stated that the DTA legislation did not apply to the
cases pending before the DTA was enacted. See Hamdan v. Rumsfeld, 548 U.S. 557,
576-77 (2006) So Congress came back with the Military Commissions Act (MCA)
of 2006, which again amended 28 U.S.C S §2241 and made it clear that habeas
rights were to be denied to all Guantanamo Bay detainees, whether their cases were
pending, ongoing, or in the future.
On April 24, 2007 Khadr was finally charged under the MCA by the
Convening Authorities with murder in violation of the law of war, attempted murder
in violation of the law of war, conspiracy, providing material support for terrorism,
and spying. But military commission Judge U.S. Army Colonel Peter Brownback
dismissed all the charges against Omar Khadr in June 2007. He declared them
improper because Mr. Khadr had never been labeled as an “unlawful enemy
combatant”. The government in turn quickly appealed the court's decision to the
Court of Military Commission Review (CMCR), which at the time of Judge
Brownback’s decision did not exist. Yet on September 2007, the CMCR stated in its
first judgment ever that the “commission judges were themselves authorized to make
‘unlawful’ enemy combatant determinations” (Human Rights First). The charges of
the military commission against Khadr were once again reinstated, based on the
CMCR’s decision.
Mr. Khadr was arraigned in November 8, 2007 in Judge Brownback’s
courtroom after he appealed the CMCR’s decision to the D.C. Circuit Court of
Appeals and also asked the Court to delay his military commission trial, until it ruled
on his appeal. Both petitions were rejected. Mr. Kuebler and his team filed over 50
discovery motions which included all of the statements made by Khadr during
interrogations, the names of all the eyewitnesses present at the time of the crime,
any/all physical evidence gathered at the scene, all documents that describe the
methods of interrogation used on Omar Khadr or any abuse of security detainees,
and so forth. By May 8, the prosecution was eager to begin the trial against Mr.
Khadr, but instead Judge Brownback ordered the prosecution to produce the
Detainee Information Management System records, which are the government
records of the daily treatment of Omar Khadr. The Judge also “warned that failure to
produce the documents could result in an “abate[ment]” of the proceedings
altogether” (Human Rights First). Twenty-one days after Judge Brownback gave
that warning to the prosecution, on May 29, 2008, Judge Brownback was
unexpectedly removed from the Khadr case and Army Colonel Patrick Parish
replaced him. After reviewing a “standard operating procedure” document handed
over by the government, Khadr's attorneys discovered that the Department of
Defense encouraged their employees to destroy any and all handwritten notes that
might contain any details of what actually happened during interrogations, so that
they could not be used in any type of legal proceedings.
On September 4th, 2008, Judge Parish prohibited Air Force Brig. General
Thomas Hartmann from continuing to act as Pentagon legal adviser because
Hartmann favored the prosecution and had gone so far as to deny Omar Khadr the
chance to be examined by a child psychologist, a request that was obviously
beneficial to the boy’s mental health and defense. Kuebler pushed for an indefinite
delay of the trial because “political interference had led the government to suppress
evidence… and [because] the defense was given an incomplete account of Khadr’s
medical records.” (Human Rights First). He also thought that Khadr should be given
time to develop a relationship with an independent psychologist. Judge Parish

agreed to delay the trial until January 26, 2009.
LEGAL ARGUMENT
The Guantanamo Bay legal system was set up so “that the president can create a
lawless enclave simply by incarcerating people outside the mainland United States.”
CBS News, Late Is Better Than Ever, June 15, 2008, www.cbsnews.com/stories/
2008/06/13/opinion). That system is not a permissible legal basis for keeping Omar
Khadr locked up, with no communication with the outside world. Mr. Khadr is in
U.S. executive detention. “Habeas is at its core a remedy for unlawful executive
detention.” Munaf v. Geren, 128 S. Ct. 2207, slip op. at 16 (2008). In the Munaf
case, the court ruled that habeas rights apply to all persons who are being detained
by American forces, since those forces answer to the executive command of the U.S.
The Munaf Justices cited 28 U.S.C. §2241, which states that the habeas statute
“applies to persons held in custody under or by color of the authority of the United
States.” Munaf and Boumediene would seem to give full habeas rights to the
detainees at Guantanamo Bay. In these cases the Supreme Court rejected the special
way Congress continually amended the habeas statute 28 U.S.C. §2241. Those
emendations created the DTA and stipulated in §1005(e) that “no court, justice, or
judge shall have jurisdiction to… consider… an application for habeas corpus filed
by or on behalf of an alien detained… at Guantanamo.” They also gave the D.C.
Circuit Court “exclusive” jurisdiction to review the decisions made by the CSRT.
Then Congress created the MCA, in a clear and deliberate effort to keep the
detainees from reaching the Supreme Court and from having their appeals heard in
any pending, ongoing or future case of detainment.
In Boumediene the Supreme Court rejected the argument that the detainees
had to refrain from seeking the protections of the Suspension Clause because they
were detained in Guantanamo and were labeled as enemy combatants. See
Boumediene v. Bush, 128 S. Ct. 2229, slip op. at 3 (2008). “Because the DTA’s
procedures for reviewing detainees’ status are not an adequate and effective
substitute for the habeas writ, MCA §7 operates as an unconstitutional suspension of
the writ” Boumediene, slip op. at 6. In other words Omar Khadr and all the detainees
in Guantanamo Bay have habeas rights.
CONCLUSION
Omar Khadr was denied the proper care and attention due a child soldier when he
was transferred to Guantanamo Bay, and thrown in with grown men, suspected of
terrorism. “No existing international tribunal has ever prosecuted a child for war
crimes, reflecting the wide recognition that the recruitment and use of children in
armed conflict is a serious abuse in itself. This does not mean that a child above the
age of criminal responsibility cannot be held accountable for crimes committed
during armed conflict… However, appropriate recognition must be given to the age
of the child at the time of the alleged crime, the role of adults in his involvement in
armed conflict, and the need for rehabilitation and reintegration. The U.S. authorities
have systematically failed in this regard.” ( Legal Concern/ Unfair Trial: Omar
Ahmed Khadr, January 7, 2009, www.amnesty.org/en/library/asset/.) In April 23,

2009 Canada’s Federal Court made a decision that may eventually force Stephen
Harper's government to repatriate Omar Khadr, which they should have done a long
time ago. Judge James W. O’Reilly stated that:
The Convention of the Rights of the child imposes on Canada some

specific duties in respect of Mr. Khadr. Canada was required to take steps to
protect Mr. Khadr from all forms of physical and mental violence, injury,
abuse or maltreatment. We know that Canada…implicitly condoned the
imposition of sleep deprivation techniques on him, having carried out
interviews knowing that he had been subjected to them…Canada had a duty
to protect Mr. Khadr … from being locked up for a duration exceeding the
shortest appropriate time… It also participated directly in conduct that failed
to respect Mr. Khadr’s rights, and failed to take steps to remove him from an
extended period of unlawful detention among adult prisoners, without any
contact from his family… Canada had a duty to take all appropriate
measures to promote Mr. Khadr’s physical, psychological and social
recovery… Canada was obliged to recognize that Mr. Khadr, being a child,
was vulnerable to being caught up in armed conflict as a result of his
personal and social circumstances in 2002 and before. It cannot resile from
its recognition of the need to protect minors, like Mr. Khadr, who are drawn
into hostilities before they can apply mature judgment to the choices they
face… I find that the Government of Canada is required by s 7 of the
Charter to request Mr. Khadr’s repatriation to Canada in order to comply
with a principle of fundamental justice, namely, the duty to protect persons
in Mr. Khadr’s circumstances by taking steps to ensure that their
fundamental rights, recognized in widely- accepted international instruments
such as the Convention on the Rights of the Child, are respected.
If Canada's Federal Court holds this opinion, what do the actions of the United
States Congress say about us? Why do we not follow the rulings of our own
Supreme Court in Boumediene?
"Philosophy 231
“THE HISTORY OF ALL HITHERTO
EXISTING SOCIETY IS A HISTORY OF
CLASS STRUGGLES:” ETHICAL
IMPLICATIONS OF MARX AND
ENGELS’ THEORY & MILL’S
UTILITARIAN ANALYSIS
____________________
SOFIA CHELIOUT DA SILVA

IN THE COMMUNIST MANIFESTO, KARL MARX AND FRIEDRICH ENGELS
introduce their understanding of man’s history from a detailed, empirical and
emphatically rational point of view. They seem to have anticipated possible
criticisms and steered away from a traditional discourse on ethics. Their approach
suggests that they refuse to discuss morality per se, thus giving more weight to their
rational and empirical analysis, regardless of its ethical implications, though Engels
also produced his own writings treating ethics more directly. Nevertheless, the ideas
of class consciousness, inequality, exploitation, and social injustice are indissociable
from the conclusions of their analysis of class struggles and capitalism, despite the
___________________________________________________
The Assignment and the Writer: Ms. Cheliout Da Silva’s essay was in response to a question,
assigned for Philosophy 231, which asked for a discussion of the ethical implications of Marx and
Engels’ analysis, both in its own terms and with respect to one other thinker discussed in the course
(she chose John Stuart Mill for this purpose). Three things stand out in her essay. First, she offers a
very clear exposition of Marx and Engels’ analysis and demonstrates its ethical implications. Second,
she eloquently adds her own observations as a worker, an artist, and a dancer to show how capitalism
is an impediment to human creativity. Finally she argues that Mill’s perspective would lend support to
Marx and Engels’ critique of capitalism, not only from the vantage point of the general principle of
utility but also in light of his distinction between quantitative and qualitative pleasures. Capitalism,
she argues, pushes the vast majority of the population to pursue lower pleasures while limiting their
access to higher pleasures. – Professor Karsten Struhl

absence of moralistic arguments. The exposition of Marx and Engels’ analysis of

history in terms of economic mechanisms and class struggles will lead me to
evaluate their understanding and critique of capitalism. I will then explore the ethical
implications their views generate, and introduce John Stuart Mill’s theory to
reevaluate Marx and Engels’ arguments from a utilitarian point of view.
Marx and Engels claim that a careful study of mankind’s history reveals that
man is primarily moved by economic factors. Furthermore, they contend that the
hidden dynamics underlying history’s developments rest on a recurring pattern, a
continuous succession of class struggles, punctuated by revolutionary phases, as one
economic and societal
[Marx and Engels] contend that the hidden structure transitions to the
dynamics underlying history’s developments next. “Freeman and slave,
rest on a recurring pattern, a continuous patrician and plebeian, lord
succession of class struggles, punctuated by and serf, guild-master and
revolutionary phases, as one economic and journeyman, in a word,
oppressor and oppressed,
societal structure transitions to the next.
stood in constant opposition
to one another, carried on an
uninterrupted, now hidden, now open fight, a fight that each time ended, either in a
revolutionary reconstitution of society at large, or in the common ruin of the
contending classes.” (p 614) Marx and Engels’ analysis reveals a structure repeated
in all societies, where class struggle is the motive for social change. They maintain
that the foundation of society, the substructure, is the economic base, which consists
of the forces of production (the means of production) and the relations of production
(introducing the concept of class). The substructure in its entirety constitutes the
mode of production. Subsequently, the establishment of the substructure allows for
the social institution, the political institution, and finally the ideology of a particular
society to grow into its superstructure. In medieval feudal society, the main force of
production translated into land, while the classes ranked as “lords, vassals, guild-
masters, journeyman, apprentices, serfs; in almost all of these classes… subordinate
gradations.” (p 614) The medieval feudal superstructure included the Catholic
Church, the monarchy, and values such as honor, loyalty, authority, or chivalry.
Class societies present a stratification of their populations and a hierarchical
structure where competing interests lead to various forms of power struggles.
However, not all class struggles culminate in the radical transformation initiated by
revolution. Such an outcome requires a change in the forces of production, such as
the shift from agrarian society to industrialization. This change ensures the
emergence of conflicts between the forces of production and the relations of
production, while still fueling the ongoing class struggle. Because one class hinders
the growth of another, as the limitations placed by an agrarian landlords-based
system did on the naissant industrial bourgeoisie, the developing class must
eventually overthrow the ruling class in order to access and give itself the tools to
further its expansion. “The feudal relations of property became no longer compatible
with already developed productive forces; they became so many fetters. They had to
be burst asunder.” (p 617) The Industrial Revolution and the ensuing class struggle
thus abolished feudal society and replaced it with capitalism.
Marx and Engels recognize the unsurpassed accomplishments of the

capitalist bourgeoisie in the progress of both material and intellectual production.
“The bourgeoisie… has been the first to show what man’s activity can bring about.
It has accomplished wonders far surpassing Egyptian pyramids, Roman aqueducts,
and Gothic cathedrals; it has conducted expeditions that put in the shade all former
migrations of nations and crusades.” (p 615) “It has created more massive and more
colossal productive forces than have all preceding generations together. Subjection
of nature’s forces to man, machinery, application of chemistry to industry and
agriculture, steam-navigation, railways, electric telegraphs, clearing of whole
continents for cultivation, canalization of rivers… -what earlier century had even a
presentiment that such productive forces slumbered in the lap of social labour?” (p
617) Nonetheless, they contend that “modern bourgeois society… has conjured up
such gigantic means of production and of exchange, (it) is like a sorcerer who is no
longer able to control the power of the netherworld whom he has called up by his
spells.” (p 617) The system has outgrown itself, and is facing internal conflict. Marx
and Engels’ critique of capitalism is twofold. First, they demonstrate that the system
itself, is neither sustainable nor viable. It is inherently flawed and self-destructive.
Built on permanent expansion and increased production, it inevitably repeats
worsening boom-and-bust cycles, where a phase of growth, expansion and
prosperity is followed by an ineluctable phase of depression when the system can no
longer absorb what has become overproduction, leading to its contraction and
internal collapse. In other words, when the buying power is not strong enough to
absorb production, the system goes in reverse; decreasing production leads to
decreased profit and investment, which in turns leads to attempts to decrease global
production cost, resulting on further decrease of production. Thus, capitalism cannot
be justified as either economically perennial or efficient, because it is, by definition,
constructed to worsen and self-destruct, as it must “race toward the cliff” to simply
continue to exist, without any auto-regulatory built-in process. In addition to the
innate flaws of capitalist mechanisms, Marx and Engels further deplore the
phenomenon of exploitation, intrinsic to the mere functioning of capitalism. The
value of the worker’s wage is inferior to the value of what he produces; the
difference -the surplus- being the source of profit, belongs to the capitalist, owner of
the means of production. Profit, is necessary to build capital, and continue
investment and production in an expanding, or sustained, phase. This means that
capitalism must exploit the working class to exist. The social injustice and mass
suffering created by exploitation is evident. The worker’s wage is restrained to
subsistence level (p 618); he is the first one to suffer -and suffers the most- during
phases of contraction, while not being able to lift himself out of his class, and
accumulate enough wealth during prosperous phases to significantly compete with
the capitalists and join their class. To the contrary, say Marx and Engels, capitalism
works to concentrate wealth in the hands of a very few, and will ensure the
progressive disappearance of the middle class; those who cannot keep up with the
accumulation of capital end up joining the ranks of the working class (p 618). Still,
Marx and Engels have additional objections to capitalism on ethical grounds.
Capitalism alienates man, they claim. It denies man his full nature, and limits the
realization of his full potential. Not only is the proletariat divorced from the means
of production, but the “laborers, who must sell themselves piecemeal, are a
commodity, like every other article of commerce.” (p 617) This can be understood
as a form of dehumanization of the wage workers, as capitalism subtracts from
man’s nature, and reduces him to economic objectification, as an article of
production. Marx and Engels’ alienation thesis also states that capitalism not only
abuses man’s nature, but even perverts it. Because of his transformative and creative
innate nature, man works as a way to fulfill his natural potential and self-realize.
However, in capitalist society, he does not own, nor has control over his creation, his
production, despite the fact that part of the creator is intrinsically carried within his
creation. It belongs to the capitalist who redirects, and abuses man’s natural traits to
support his interest, “stealing” the worker’s humanity by perverting his very nature.
I find Marx and Engels’ analysis very convincing; their arguments against
capitalism seem especially pertinent because one can observe and experience for
oneself what they have described, though their prediction of the overthrow of
capitalism and its replacement with communism might be questionable. As a
member of the working class, I have felt for myself the restrictive nature of
capitalism, its control and determinism over my life choices and attempts at self-
actualization. It has limited the way I am perceived by the rest of society based on
my relation to wage labor, to my economic and social “rank”, and has, de facto, also
pushed me to approach others based on the same definition. I have lived the
frustration brought on by the inability to find the proper avenues to realize one’s
potentialities, a close- to-impossible thing to accomplish when all that has “real” or
acknowledged value remains tributary to economic definitions. As an artist and
dancer, I was very early on made to understand that the material and monetary
preoccupations of a sell-buy system, along with the social structure it generates,
would always hinder the realization of my full nature. One cannot truly be the whole
of oneself at any moment, but is forced to choose (if this can be called a choice)
what they can “afford” to be and when. Marx and Engels are right to hold man’s
transformative and creative nature as a central ethical issue. Who could disagree
with the idea that human beings feel a visceral need for purpose and meaning in their
existence. The need for meaning clearly implies the need for creation. Those of us
who say they have found their “calling” do not consider what they do to be work per
se, but what deeply answers their potentialities; the material compensation they
might receive for it does not seem to define their activity. Frustration and
unhappiness are inevitable if you are forced into a purpose, if your purpose is
assigned to you, if it is controlled and determined for you, if you have no ownership
of what you create. The issue of exploitation has been made more and more evident,
as we are subjected to boom-and-bust cycles ever more extreme and violent. The
current economic crisis is a perfect living example of what Marx and Engels have
described. It had to happen eventually because this is what capitalism generates.
Globalization is a direct consequence of capitalism’s need for continuous expansion,
and inclusion of new societies, in turn ensuring the repercussions of depression to
spread worldwide. The misery capitalism produces on such a massive scale is blatant
when the pressure imposed onto workers comes to even impair their bare survival.
The shrinking of the middle class has been a critical problem, and governments
around the world have tried to salvage this buffer class through diverse programs
and legislations, in an attempt to regulate capitalism, and temper its destructive

nature. Nevertheless, it has become quite clear that true upward social mobility has
been rendered virtually impossible. Those who hold most of the wealth are the ones
who suffer the least from these conditions, and have preserved their luxurious
lifestyles. All this is to be expected; it is the natural development of capitalism.
According to Marx and Engels, the progression from capitalism to full communism
will go through a transitory phase of partial communism, a form of socialism. It
seems that some countries have timidly initiated this transition by nationalizing
some industries and
services, such as the At first glance, the capitalist system seems
US Postal Service, or conducive to an increase of happiness
the government because it works on the accumulation of
owned electricity wealth and the consumption of its
provider Tennessee production, which can be understood as
Valley Authority sources of pleasure.
(TVA) and national
railroad passenger
corporation Amtrack, as well as by establishing common funds, such as social
security, or Euro-pean universal health-care structures; nonetheless these
achievements have been neither absolute nor permanent, and if Marx and Engels are
right in their analysis, the world seems to be stuck in transition at this point. Will it
ever reach the final development to full communism? While abolishing capitalism
and building a classless, thus egalitarian, society would remove exploitation, and
restore social justice, can a system such as communism be practically implemented
with success? Many countries have tried to carry out communism through
adaptations and variations of Marx and Engels’ theory to fit their particular
circumstances. However, from Lenin to Mao, none were successful; none were able
to realize full communism per se, as envisioned by Marx and Engels, and class
societies reemerged, generating inequalities, social injustice and mass misery of
revolting scale.
Contemporaries of Marx and Engels developed ethical theories of their own.
Could Mill’s utilitarian ethics come to support Marx and Engels’ conclusion that
capitalism is morally wrong? Mill’s utilitarianism is a form of consequentialism.
The moral value of an action, in the consequentialist view, is defined by the
consequences it produces. In accordance with “the greatest happiness principle,”
Mill defines what is right as what produces the greatest amount of pleasure and the
least amount of pain for the greatest number. As a consequentialist, he is not so
much concerned with the nature of the means themselves, which are morally defined
a posteriori by their results, but more so by their potential contribution to the general
“utility,” to the greater good; the ends justify the means. To evaluate capitalism
ethically, Mill would try to determine whether or not it produces the greatest amount
of pleasure and the least amount of pain for the greatest number. If Marx’s and
Engel’s analysis of capitalism is correct, capitalism would be judged wrong from a
utilitarian perspective. At first glance, the capitalist system seems conducive to an
increase of happiness because it works on the accumulation of wealth and the
consumption of its production, which can be understood as sources of pleasure.
However, capitalism is also built on exploitation, and inevitably produces great

misery for the working class, which constitutes the large numerical majority in
capitalist society. This analysis would thus establish that this system will produce an
increase of pain more than the increase in pleasure it might produce because since
wealth is concentrated in the hands of a few, so is the potential increase of pleasure.
Furthermore, Mill’s analysis could be used to conclude that capitalism is
morally wrong for yet another reason. He contends that because man has the ability
to reason, he will obtain qualitatively more pleasure from intellectual activities
allowing him to fulfill his rational, thinking nature. “It is better to be a human being
dissatisfied than a pig satisfied; better to be Socrates dissatisfied than a fool
satisfied,” (p 436) writes Mill. He argues that there are lower pleasures, comparable
to those that satisfy animals, and higher pleasures, accessible only through reason.
While Mill believes that all men are capable of enjoying higher pleasures, and would
preferentially seek them out, instead of aspiring to lower pleasures, he also explains
that if we do not experience, or not experience regularly enough, higher pleasures,
we lose our “intellectual taste” for them, and are no “longer capable of enjoying
them” (p 436). One can imagine that once basic, or necessary, lower pleasures are
satisfied, one becomes “free” to pursue higher pleasures, but since capitalism
evolves into a system of extremes, in terms of concentration of wealth and rigidity of
class membership for the proletariat, it is not made for equal and encouraged access
to higher pleasures for all members of society. Energy, resources, and time
restrictions placed by the capitalist system on a working class focused on securing
means of subsistence, limit access to higher pleasures, and encourage the pursuit of
lower pleasures, in the form of consumption in particular. Higher pleasures are
reserved to the capitalist elite, while the less the proletariat has access to higher
pleasures, the more it pursues lower pleasures, and the more it becomes “unaware”
of higher pleasures. This might fuel the mechanics of the capitalist economic
system, but it ensures a permanent limitation on the potential qualitative increase of
pleasure on the larger scale. It effectively caps the potential increase of global
happiness, and thus of the greater good.
Mill thought that to prevent suffering for others, and to further allow access
to pleasure, individuals would develop an altruistic orientation in their quests for
happiness, remaining aware of the greater good for the greater number. This would
imply proper collective redistribution and sharing in profit, as well as an egalitarian
access to higher pleasures, through, for example, quality education for all in order to
allow for the maximization of pleasure and therefore of global happiness and of
global good. Thus, Mill’s analysis should favor some form of socialism. In my
opinion, human nature and psychology are critical issues to keep in mind when
evaluating Marx and Engels’ analysis and Mill’s ethics. Both Marx’s and Mill’s
views rest on particular assumptions regarding human nature. We have all witnessed
altruistic behaviors in our fellow men, but can these occasional comportments
translate to universal behavior, can they become the rule instead of the exception? In
the construction of his self-identification, man needs to nurture a sense of
uniqueness built by comparison to others. This need for individualization could
seem to lead naturally to understanding human nature as competitive. Man would
then be expected to display a natural tendency toward creating class societies.
Simultaneously, altruism can be explained as one’s self-identification with the

humanity of others, precisely because of that shared humanity. Will these conflicting
inclinations keep humankind in Marx’s transitional phase permanently, unable to
make the final leap into full communism? Only time will tell.
REFERENCES
Engels, F., & Marx, K. (1964) The Communist Manifesto. (G. S. Moore, Trans.).
New York: Washington Square Press (Excerpted and reprinted in Presbey,
M. G., Struhl, K. J., Olsen, R. E., (2000) The Philosophical Quest: A Cross-
Cultural Reader. (2nd ed.). USA, McGraw Hill Higher Education.)
Mill, J. S. (1957) Utilitarianism (edited by O. Priest). Library of Liberal Arts,
Bobbs-Merrill (Excerpted and reprinted in Presbey, M. G., Struhl, K. J.,
Olsen, R.E., (2000) The Philosophical Quest: A Cross-Cultural Reader. (2nd
ed.). USA, McGraw Hill Higher Education.)
"Literature 260
LOST THE INDIVIDUAL IN A RACE
____________________
YANICK SAVAIN

WILLIAM SHAKESPEARE’S TRAGEDY OTHELLO, a compelling chronicle of

jealousy, “the green-eyed monster which doth mock the meat it feeds on”
(III.iii.179-180), as the play’s antagonist describes it, reaches its disastrous climax
through a number of meticulous manipulations. Those manipulations are
successfully achieved by the antagonist Iago who maliciously exploits the prevailing
principles and philosophies of his victims in terms of sex, gender, class and, most
crucial for the manipulation of the protagonist, race. It is the racist ideology
surrounding the African protagonist Othello that Iago takes most advantage of, even
as it relates to the feminine propriety of Othello’s wife, Desdemona. Essentially, it
is the prevailing perceptions of “African-ness” in Othello rather than any actual,
significant character flaws in Othello or Desdemona that make the tragic outcome
possible.
___________________________________________________
The Assignment and the Writer: For this assignment in Introduction to Literary Study, students
chose from possible thesis statements about the play Othello given by me and were asked to build a
detailed argument supporting that thesis based on textual evidence. Yanick Savain did not simply
reiterate my thesis statement, she refined it and elevated it into an argument of her own and then
meticulously and succinctly worked through the evidence in the play to create a devastating
assessment of the play's tragedy as rooted in racial consciousness. Ms. Savain's writing style is
inimitable in its ability to encompass a broad sweep of ideas in short, sharp sentences.
– Professor Allison Pease
The dehumanization of Othello based on his race is prevalent throughout the

play, even among those characters that claim to admire and value him. It becomes
clear that his great worth as a soldier does not render his neighbors color-blind as
they continue to identify him and his character primarily by his race. In fact Othello
goes nameless until well into the second scene and remains that way for very much
of the play, referred to by friend and foe alike simply as “the Moor”. Even when he
is referred to or addressed by name, his lineage is not forgotten as his name is often
either preceded or succeeded by the title “Moor”. This inability to separate
Othello’s character from his race – and, consequently from the stereotypes that
surround it – greatly aids Iago’s manipulations. The war fought in the background
of the play, with a strong emphasis of an enemy “other” as wars are, reflects his
character dilemma as a member of Venetian society unable, even himself, to divorce
the degrading misperceptions of “blackness” from his identity as an individual. The
notions are preconceived; Iago needs only to emphasize them.
A common Elizabethan ethnocentric view that being black was directly
related to an inherent spiritual deficiency gave rise to the idea of the devil as being
black. This makes it easy for Iago to paint a picture of Othello as inherently sinful,
and he plays on the perception frequently, often calling Othello a devil (I.i.93;
II.i.218). This belief also underscores the European perception of Africans as pagans
and practitioners of witchcraft. The first allusion to the suspicion of Othello’s
connection to magic is heard in the accusation by Brabantio that Othello “practiced
on (Desdemona) with foul charms,/abused her delicate youth…”(I.ii.74). It is an
accusation echoed to the Venetian Council, suggested by Iago and even mockingly
confirmed by Othello himself in an effort to frighten Desdemona in his anger
(III.iv.50-71). The general belief is that the spiritually pure Desdemona could never
willingly love the African (and therefore innately sinful) Othello. It is this powerful
piece of racial ideology that is used to undermine the integrity of both Othello’s and
Desdemona’s love – the ideology that allows Iago to invent and exacerbate the
insecurity that follows.
The racial tension surrounding Othello’s marriage to the Italian Desdemona
is made quite clear from the very first scene during which Othello is referred to only
by phrases related to his African lineage before a series of racially insulting
metaphors are made about him. Roderigo wonders about the fortune of the “thick
lips” (I.i.68) before Iago warns Desdemona’s father of the “black ram […] devil”
“robbing” him of his daughter (I.i.90, 93, 88). The constant animalization of
Othello, rooted in the racist perception of Africans as possessing animal-like sexual
lust (“your daughter covered by a Barbary horse” (I.i.113)) inevitably leads to the
implications of Desdemona’s sexual and spiritual corruption. The belief that no
chaste woman would be attracted to a black man leaves one to conclude that
Desdemona is neither chaste nor pure. Iago proposes this much to Roderigo
(II.i.218-237) but it is the presentation of this theory to Othello that is crucial to the
tragedy’s outcome. He puts the question to Othello about her choice to marry him
rather than a man “of her own clime, complexion and degree” (III.iii.246) and goes
on to suggest that “one many smell in such a will most rank,/ foul disproportion
(and) thoughts unnatural” (III.iii.248-249). Here, Othello’s sincere acceptance of
the suggestion that Desdemona married him out of some sort of sexually perverse
proclivity reveals how powerful prevailing notions about his race are, as he forlornly
concedes that “I am black/And have not those soft parts of conversation” (III.iii.279-
280).
It is once Othello believes that Desdemona is a whore that the tragedy
unfolds. However, the critical issue of exploitation that made her sexual corruption
believable, let alone questionable, was the issue of Othello’s racially stereotyped
sexual identity. It is an identity that, in spite of his well respected “perfect soul”
(I.ii.31), Iago could exploit easily. He needed only to pick at the racially constructed
identity that already existed around Othello and therefore made indistinguishable not
only his true character but Desdemona’s as well.

"Literature 260
ROBBED OF SIGHT
____________________
TIMOTHY LUKE

EYES, SEEING, AND BLINDNESS APPEAR AS MOTIFS of language and events of King
Lear, and Shakespeare creates the tragedy of the play by manipulating what
characters are able to see as well as what the audience sees. Figurative and literal
blindness recurs through the play, and both these kinds of blindness lead characters
to commit tragic acts of cruelty against each other. The audience sees men in
positions of paternal power act blindly and be cruel at times, but the audience’s
possible condemnation of this cruelty as unjust is complicated by sympathy. When
the audience sympathizes with Lear and Gloucester, who both commit acts of
cruelty, the implications of this sympathy reflect a commentary on paternal power
that it is not beyond scrutiny but still perhaps rightful. Shakespeare, however, does
not satisfy our sympathy with the sight of justice.
___________________________________________________
The Assignment and the Writer: Timothy Luke’s essay was written for Lit 260 “Introduction to
Literary Study,” where students explore different ways of reading and writing about literature. The
paper assignment asked the class to write about Shakespeare’s King Lear and the ways that the
tragedy explores family roles. To do so, students had to one of the play’s motifs (in Luke’s case,
blindness) and incorporate the views of at least one work of secondary criticism, in addition to close
readings of the play’s language. Luke takes this complicated task and produces a work of moral and
political insight. In elegant and moving prose, Luke confronts what Shakespeare demands we look
upon, the injustice and cruelty of human beings. It is a beautiful essay about a terrifying play.
– Professor John Staines
In the opening scene, Cordelia undermines Lear’s absolute paternal

authority by refusing to accede to his demand for flattery while her sisters do. Lear
claims that he will apportion his kingdom to his daughters according to their love for
him, but he divides the land equally – because he is making a show of his daughters
flattering him; this is merely Lear flexing the theatrical muscle of his absolute
power. The characters and the audience know this is an insincere show, an abuse of
absolute power, and Cordelia’s challenge to Lear’s power is not unjust; the audience
sympathizes with her. Lear, however, is not pleased.
Lear’s rage is blinding to those who criticize his use of absolute power, even
when it is rightful. He orders Cordelia, “Avoid my sight!” (1.1.122) and exclaims to
Kent, “Out of my sight!” (1.1.155), banishing both of them. He is blind to the
wisdom of their challenges to his absolute authority. He is likewise blind to the
insincerity of Goneral and Regan’s loyalty, taking their flattery for genuine love.
In spite of Lear’s unjust treatment of Kent and Cordelia, the audience still
sympathizes with him when Regan and Goneril treat him with cruelty even after he
has divided his kingdom between them. While condemning Goneril’s dismissal of
his knights, Lear again invokes the motif of eyes saying,
Old fond eyes,

Beweep this cause again, I’ll pluck ye out
And cast you with the waters that you loose
To temper clay. (1.4.285-288)
Telling Goneril that he would pluck out his eyes before weeping over more cruelty,
he flees to Regan, who treats him with similar disrespect. Lear then retreats to the
heath of Dover, where it is difficult for the audience not to pity him as he strips
himself naked in the storm after he has been reduced to nothing. He does weep over
cruelty again – but it is Gloucester who loses his eyes.
Nowhere is the motif of eyes more cruel than Gloucester’s literal blinding.
Branded a traitor for assisting Lear and restrained at the mercy of Cornwall and
Regan, Gloucester cries that the wrongs of his captors will be punished: “But I will
see / The winged vengeance overtake such children” (3.7.64-65). Cornwall’s
response before destroying Gloucester’s eyes reflects the entirety of the cruelty and
tragedy of the play: “See’t thou shalt never” (3.7.66). Gloucester – and the audience
– wants justice, and see it we shall never.
Here not only is the motif of eyes painfully invoked, but the just vengeance
Gloucester wills to see is brutally denied him, and the justice of this punishment for
treason against England – and the cruelty of depriving Edmund of legal rights by not
acknowledging him as legitimate – is complicated by Gloucester’s loyalty to the
possibly rightful King Lear, but even more deeply complicated by the sympathy the
audience feels for the sightless Gloucester. If this punishment of Gloucester is just, it
is justice that is horrifying for the audience.
Eyeless and bleeding, Gloucester learns that he has been deceived into
believing Edgar was a traitor, not unlike the way Lear discovers Goneril’s and
Regan’s disloyalty, and he is subjected to the guilt of his figurative blindness: “O my
follies! Then Edgar as abused. / Kind gods, forgive me for that, and prosper him”
(3.7.90-91). His humiliation is unrelenting though, as he is carried off the scene after
Regan subjects him to verbal violence, saying, “Thrust him out at gates, and let him
smell / His way to Dover” (3.7.92-93). The excessive cruelty of this scene makes it
nearly impossible to view Gloucester’s blinding as just. For his punishment to be
unjust, for this scene to contribute to the tragedy of the play, Gloucester’s authority
must be sacred; he need not be a saint, but he cannot be a traitor.
Blindness and the consequential cruelty and suffering are the sources of
tragedy in the play, but there can be no tragedy unless the blindness is unjust. Those
characters blinded must
not be wholly evil or the For his punishment to be unjust, for this
audience will feel no scene to contribute to the tragedy of the
sympathy for them – and play, Gloucester’s authority must be
we are sympathetic. We sacred; he need not be a saint, but he
want Lear and Cordelia to cannot be a traitor.
survive, and we do not
want Gloucester to lose his
eyes as he does. If the audience were not sympathetic to these characters – and if
they were not troubled by the cruelties that beset them – Nahum Tate would not
have revised the play, because as he says, “Otherwise I must have incumbered the
Stage with dead bodies, which Conduct makes many Tragedies conclude with
unreasonable Jests…. I found [my revision] was well receiv’d by my Audience”
(Tate 170). His audience could not stand the sight of the stage strewn with slain
characters; there was no justice in the end of the play, so his revision ended the play
justly – but it was no longer a tragedy. If King Lear’s end is tragic, the slain must be
righteous.
If Lear and the others who die unjustly are righteous, this implies then that
Lear is the rightful king; his position as father of state must be upheld. His paternal
authority is not unquestionable, but the play cannot wholly condemn it without
abandoning the tragic effect of his losses and the cruelty against him. Margot
Heinemann, in her essay, “Demystifying the Mystery of the State: King Lear and the
World Upside Down”, writes,
The patriarchalist view of monarchy, that equates kingly power with the
power of the father within the family, is strongly present in the play, above
all in the mind of Lear himself. Patriarchalism does not, however,
necessarily entain an absolutist view of kingly power; the importance of
paternal power was supported by many anti-absolutists…. Yet Cordelia,
who challenges her father’s use of absolute power, retains the audiences
sympathy in doing so. To read the play as unequivocally patriarchcalist is to
read against the grain. (229)
The paternal power that remains upheld in order for the play to be tragic is not
unquestioned, but necessarily present, and its complications in fact enhance the
tragedy of the play. The initial conflict, after all, occurs when Cordelia refuses to
flatter Lear as he wants. Both Lear’s and Cordelia’s deaths are unjust and tragic
though; we are made to sympathize with both of them, so the play can neither fully
indict nor fully defend kingly and fatherly authority. In the end, beholding both the
dead Lear and dead Cordelia, we are beset by the sight of a “gored state” (5.3.322)
in which neither the rightful power nor what kept it from being abused prevail.
Indeed, the sight itself is unsettlingly unjust, and Shakespeare makes the
sight more poignantly tragic by controlling what we as the audience behold. We see
the bodies of Lear, Goneril, Regan, and Cordelia. Perhaps it is just that Goneril and
Regan are dead, but it is certainly not that Lear and Cordelia are, and we are not
permitted to see Edmund; he is carried away and dies offstage. We are informed of
his death by messenger and Albany comments: “That’s but a trifle here” (5.3.295).
His death, however just it may be, is rendered insignificant by the overwhelming
injustice – and the audience is not permitted to see it. If there is redemption in his
death, the sight is denied us.
Likewise, we are not permitted to see Cornwall’s death after the blinding of
Gloucester. He leaves the stage with Regan, and neither Gloucester nor the audience
is given the sight of his death. Gloucester leaves the stage, and it is only then that we
learn that Cornwall has even been injured:
Regan: How is’t, my lord? How look you?

Cornwall: I have received a hurt. Follow me, lady.
Turn out that eyeless villain. Throw this slave
Upon the dunghill. Regan, I bleed apace.
Untimely comes this hurt. Give me your arm. (3.7.93-97)
This hurt is untimely for the audience as well. We can see Gloucester cruelly lose
his eyes, but we cannot see the just death of the man who removed them. Cornwall
has made good on his declaration to Gloucester when he says he will see vengeance:
“See’t thou shalt never” (3.7.66). Cornwall leaves the stage injured, but alive. No
one sees the vengeance completed.
Kent and Edgar, who remain loyal to Lear even when his daughters and
Edmund betray them, are unrecognizable to Lear and Gloucester, as they are in
disguises for the majority of the play. This concealment of identity is analogous to
Lear’s blindness to the love people have for him. He remains blind to Kent’s identity
until the final hundred lines of the last scene of the play, where Lear admits, “Mine
eyes are not o’the best…” (5.3.279). Whether Lear is physically blind or too
overcome with emotion to clearly see Kent, even in the end, Lear can hardly
perceive that Kent and Caius are the same person and that Kent has remained loyal
after his banishment. It is unclear whether or not Lear is fully aware that Kent has
stayed with him, as he hardly acknowledges it after Kent reveals himself. It is
likewise unclear what precisely Lear sees in Cordelia’s lips as he calls out, “Do you
see this? Look on her! Look, her lips! Look there, look there!” (5.3.111-112). He
may believe that Cordelia is breathing once again, or he may be calling attention to
the fact she is not breathing.
Lear’s state of mind is not clear, and it is purposefully unclear. Shakespeare
once again manipulates what the audience sees, and the ambiguity of Lear’s state of
mind mirrors the ambiguity of the fate of the state of England. Albany has abdicated
his rule to Kent and Edgar. Kent refuses the position, and Edgar gives no clear
response. Who will be king is unknown; Shakespeare has blinded us to it, and the
play ends with the audience confronted with an unclear future, complicated
sympathies for paternal authority, and the desolation of a corpse-strewn stage. The
end of King Lear is wholly tragic, and the answer to any desire to see redemption is
answered by Cornwall’s echoing line: “See’t thou shalt never” (3.7.66).
REFERENCES
Heinemann, Margot. “Demystifying the Mystery of State”: King Lear and the World
Upside Down. From King Lear: an authoritative text, sources, criticism,
adaptations, and responses, 1st ed. 2008. W.W. Norton and Company, Inc.
New York.
Shakespeare, William. King Lear. From King Lear: an authoritative text, sources,
criticism, adaptations, and responses, 1st ed. 2008. W.W. Norton and
Company, Inc. New York.
Tate, Nahum. Preface, The History of King Lear. From King Lear: an authoritative
text, sources, criticism, adaptations, and responses, 1st ed. 2008. W.W.
Norton and Company, Inc. New York.

"English 255
PROGENY, COMMODITY, AND
GENETIC ENHANCEMENT
____________________
BENNETT CALLAGHAN

AMERICAN CULTURE PLACES A CONSTANT AND POWERFUL EMPHASIS on optimal
performance. There is constant pressure to strive, to succeed, to run faster, to
become stronger, or to obtain a higher score on a test. To live up to society’s
expectations, athletes may take steroids to give themselves a competitive edge, or a
college student may take stimulants while studying to focus and concentrate better.
While most of these solutions are either temporary or have other negative or
unhealthy side effects, recent advances in the science of genetics portend greater
things to come for America’s overachievers. Imagine a world wherein people can
become smarter and stronger through nothing more than a simple gene modification
regimen and where an individual can either pass on these modified genes to his child
or literally design an unborn child through manipulating its genome. Every parent
___________________________________________________
The Assignment and the Writer: In English 255, Argument Writing, I assign arguments of increasing
complexity and students must choose from a variety of templates. Callaghan’s paper is a successful
example of critical thinking in argument writing. While maintaining that the risks of genetic
enhancement and genetic manipulation of the human genome to create designer children outweigh
the advantages, Callaghan thoughtfully examines all sides of the argument, paying close attention to
the seductive notion of creating children who would be ubermenschen, excelling both physically and
mentally in an increasingly competitive society that demands excellence. Ultimately, the argument
points out the dangers of commodifying children and examines the pitfalls and ethical dilemmas that
such misguided genetic engineering would pose. – Professor Livia Katz
could have exactly the child he wanted and could make him better able to compete,
better able to succeed, better able to make money, and better able, presumably, to
make his parents proud. While this world is still a fantasy, it is implicit in the
promise of genetic engineering. As research continues on the human genome,
humanity finds itself tantalizingly close to treating or preventing a number of
debilitating genetic disorders, such as Tay Sachs disease or spina bifida (Sandel,
2004). While there is nothing wrong with the therapeutic use of genetic engineering,
the practice also lends itself to abuse in the form of genetic enhancement, which
does not cure disease or correct serious deficiencies but enhances the physical or
mental attributes of perfectly healthy individuals. It is this potential for abuse that
distinguishes genetic enhancement from gene therapy, but assuming genetic
enhancement is safe and effective, it might allow humans to achieve their full
potential. However, the risks of genetic enhancement outweigh the benefits because
of their possible negative effects on people’s relationships with each other and on
the nature of society as a whole.
The argument for genetic enhancement seems like an easy one to make. As
genetic enhancement increases human cognitive and physical capacities, mankind’s
capacity for pleasure would increase as well; this genetically-modified paradise
would seem like a utilitarian utopia. The humans of the future, perhaps better
categorized as übermenschen, would be objectively smarter and stronger than the
humans of the present, capable of accomplishing feats of art, science, and
knowledge that we mere products of nature can barely comprehend. Given control of
even their own biological makeup, these humans of the future would be better able
to follow their dreams and improve society. With the prospect of germ-line genetic
modification, which could alter human reproductive cells, these benefits could be
passed on from generation to generation (Sandel, 2004). Humans would become
masters of not only their own fates but also the fate of the human race; we could
direct the course of human evolution. All in all, genetic enhancement would
represent the final triumph of the human will over its natural bonds and over the
cruel whims of fortune and chance (Sandel, 2004). While this level of power may
seem unsettling to some, such reservations represent, say proponents of genetic
enhancement, nothing more than the level of apprehension that accompanies any
new and extremely beneficial technology. In the future, society and human culture
would grow to accept and embrace genetic enhancement just as we now accept and
embrace in vitro fertilization, a practice that once repulsed many (Gunderson, 2008).
Proponents also argue that genetic enhancement, a form of eugenics, is often
unfairly stigmatized due to the barbaric practices of the Nazis. Eugenic practices are
not inherently unethical; bioethicists such as Allen Buchanan, Dan W. Brock,
Norman Daniels, and Daniel Winkler argue that eugenic policies can be morally
acceptable, or even morally required, if they are not state-imposed or coercive and if
the benefits and burdens are fairly and evenly distributed. Furthermore, the nature of
this “new eugenics” would be one of individual choice, based on personal
preferences (Sandel, 2004). The philosopher Robert Nozick even proposed a so-
called “genetic supermarket” where parents can customize their children’s genetic
traits according to their liking, without imposing a single model on parents as a
whole. The variation among all of these different models would presumably
preserve the diversity of our society while making its members superior (Sandel,
2004).
While the argument in favor of genetic enhancement may seem appealing at
first, a closer examination of the issue reveals its flaws. First of all, genetic
enhancement of our progeny and posterity would not necessarily lead to a better or
happier society. While it is safe to assume that eradicating genetic diseases through
gene therapy would lead to a happier life for future humans, we cannot assume that
increasing traits such as memory, strength, or intelligence through genetic
enhancement would make people happier. Moreover, we can not presume to know
which traits future human beings will want or need, and manipulating their genes to
fit what we see as perfection is unwise. Given the dazzling complexity of human
characteristics and personalities, it is impossible to know, according to Leon Kass,
exactly which traits would make someone a better human being assuming it is even
possible to decide (Masci, 2001). Last, it is also impossible to know what sort of
unintended negative effects
While it is safe to assume that eradicating may result from tampering
genetic diseases through gene therapy with some-one’s essential
would lead to a happier life for future makeup, especially if the
humans, we cannot assume that in- manipulated genes relate to
higher-order processes such
creasing traits such as memory, strength,
as memory or cognition
or intelligence through genetic enhance-
(Masci, 2001). It is possible
ment would make people happier. that increasing intelligence,
for example, might come at
the expense of some other human trait. This argument also extends into the realm of
man controlling his evolutionary future through germ-line engineering. Up to this
point, humankind has evolved into its present form due to competition and survival
of the fittest, which led to the creation of countless human traits and idiosyncrasies
in the human genome over the course of many generations. Simply put, we are the
way we are for a reason, and we still understand only a fraction of the process that
made us this way. It is arrogant to think that we humans can safely and effectively
advance this process ourselves by focusing on a few obvious traits that we see as
beneficial. If we do not destroy ourselves in the process, then our haughty attempts
to construct our own evolution according to our own vision of greatness would, at
best, end in disappointment. Just as we are humbled by the awesome might of a
hurricane or tsunami, we are also humbled by our own human limits. Genetic
enhancement does nothing but feed mankind’s pathological desire to force
everything to bend to its will and to conquer, master, and manipulate nature for its
own purposes, regardless of the consequences.
Similar to humanity’s urge to conquer is America’s compulsion to
commodify. It is easy to see how parents would view children obtained through a
“genetic supermarket” as commodities, rather than as human beings that should be
loved unconditionally. As parents begin to design their children in accordance with
their own needs, desires, or conceptions of what their child should be, they might
begin to see and treat their children more as possessions than as sons or daughters. If
a parent could customize a child just as he can customize a laptop computer--in
order to behave a certain way or to pursue a certain life course--he could, in effect,
pay for the child he wants, rather than accept and love the child he receives. While
there is nothing new about parents’ attempts to control their children’s lives and
futures, such parents are currently limited to trying to control the children nature
provided them. Genetic enhancement provides over-bearing parents with far more
control than they ought to have and can lead to changes in their relationships with
their children (Sandel, 2004). This perversion of the parent-child relationship could
corrupt the nature of parenthood and could negatively affect the family and the
individual (Sandel, 2004). Certain parents may no longer see a child as something
they helped bring into being but rather as something they created and thus have
complete control over.
Finally, the “new eugenics” much lauded by the opposition is not as
benevolent as it seems. First of all, it is unlikely that the process would work out in
the diversified, individual way that its proponents predict. The allure of genetic
engineering is due to the fact that there are certain human traits that most parents
would prefer to see in their children. While everybody may have a slightly nuanced
version of what makes the perfect human being, parents’ conceptions of what such a
being is primarily remains consistent across the board. Obviously, there are some
traits, such as strength, intelligence, or memory, that almost every parent would like
to see enhanced in his child. Such is especially true if a parent tries, just as every
good parent should, to ensure his child’s wellbeing in a society that clearly denotes
which traits are conducive to mainstream success. The so-called “new eugenics” that
so vehemently despises any sort of state-imposed model of perfection would do
nothing but allow society as a whole to construct a self-imposed model of
perfection. Even if the eugenic practices are not coerced, the ability to increase one’s
own or another’s genetic attributes would most likely lead to an even greater degree
of conformity among society’s members. As of right now, the whims of the genetic
lottery force everybody to appreciate the differences between individuals and to
recognize every human as unique and worthy of evaluation on the basis of his own
strengths and weaknesses. They also force us to accept our children as they are and
to cultivate the gifts they have while encouraging them to overcome their
shortcomings (Sandel, 2004). Giving people the ability to enhance their own or their
children’s genetic attributes may limit the criteria by which we evaluate our fellow
human beings. Why would anyone look for or appreciate the unique abilities of an
individual when the conventional abilities he lacks can be genetically modified and
brought up to or above par? Society already places strong pressure on human beings
to value certain traits above other, equally legitimate, traits. If it is possible to
change the person so simply, rather than change the way we think about him, then
society would, little by little, close itself off to new and innovative ideas offered by
unique or unconventional minds.
Despite the pitfalls and ethical quandaries of genetic enhancement, however,
we must be careful not to disparage all forms of genetic engineering. Its use in
preventing and curing diseases is exciting and encouraging, but the introduction of
this new technology also forces us to consider which uses for it our society is willing
to accept and reject. It is important to engage in conversation regarding genetic
enhancement now, before it takes hold in society and threatens to harm it. We must
also engage in this discussion now because genetic enhancement is relevant to both
future and current problems. Our society has to be willing to consider the possibility
that genetic enhancement is not even the true problem at hand. Genetic enhancement
certainly does magnify the problems of society and, like the introduction of the atom
bomb did in the mid-twentieth century, increases humanity’s potential for destroying
itself. However, just as war existed before the introduction of the atom bomb, many
of the concerns surrounding genetic enhancement exist in one form or another today.
The pressure to succeed at any cost, man’s desire to make all things bend to its will,
excessive commodification, and the pressure to conform to the norms of society at
the expense of innovation are all things that already pose a threat to society. The
discussion, therefore, is not limited to the problems of genetic enhancement; the
discussion must include the overall problems of society. The dangers of genetic
enhancement, or any other new form of technology, can never be completely averted
until an internal change occurs within society.
REFERENCES
Gunderson, M. (2008). Enhancing Human Rights: How the Use of Human Rights
Treaties to Prohibit Genetic Engineering Weakens Human Rights. Journal
of Evolution & Technology, 18(1), 1-8. Retrieved from Academic Search
Complete database.
Masci, D. (2001, May 18). Designer humans. CQ Researcher, 11, 425-440.
Retrieved December 1, 2009, from CQ Researcher Online,
http://library.cqpress.com/cqresearcher/cqresrre2001051800.
Sandel, M. (2004). The Case Against Perfection. The Atlantic.
http://www.theatlantic.com/doc/200404/sandel

"Literature 260
THE BRIEF WONDROUS LIFE OF
OSCAR WAO: INDIVIDUALITY
VERSUS CONFORMITY
(A LITERARY EMULATION)
____________________
MICHAEL TALISAYAN

I WILL RUN AGAIN NO MORE, I said, balling up. I tugged at the corners of my pillow
and pressed my face against the bed sheets.
O, get up.
I hoped that my pillow would be my shield, a force field against his wrath. I
imagined I was encased in a Death Star-like defense grid. If only it were so. With
the few precious minutes I had remaining, I braced myself. Another morning,
another day I must face him. I have evaded Yunior's attempts to have me run his
death march for three days straight.
But with each passing day he grows ever persistent, so ever insistent that I
continue to join him in this fool's mission. Change my life, he has told me—but why
change what cannot be changed? All my life I have struggled to change myself, only
to encounter failure upon failure.
___________________________________________________
The Assignment and the Writer: Michael Talisayan wrote his excellent essay in response to the
final assignment in Introduction to Literary Studies (Lit. 260). The assignment prompt asked students
to perform two related tasks. One was to write, for a few paragraphs, like an author whose work we
read in the course. The other was to explain what decisions the student‐writer had to make in order
to "emulate" the work of another, established author. The assignment therefore allowed students to
be both creative and analytical, qualities much in evidence in Michael's work. Choosing to write like
Junot Diaz in The Brief Wondrous Life of Oscar Wao, Michael Talisayan demonstrated a keen
understanding of the writing craft as well as its role in engaging readers in Diaz's, as well as his own,
complex ideas about identity, migration and citizenship. – Professor Olivera Jokic
Such efforts are futile, I have explained. Such efforts serve only to make my
life more miserable. Still, he continues to pester me about running. Running! I am
neither as nimble as a forest elf, nor as fleet-footed as a hobbit, yet he insists that
running can change my life? No, Yunior, I have run all my life, and what has it
brought me?
I am bound to this fate, Yunior. I cannot change what has been predestined.
What the fuck are you talking about? Listen man. I'm losing my patience.
From below my sheets I sensed him nearing. His hot-headed Dominican
bravado was palpable, an aura of thick, suffocating testosterone induced aggression.
Surely, I had considered what further running entailed. The pounding of the
pavement against sore feet. The struggle to ensure that my "man boobs" remained
within my shirt. The piercing stares. The gasping for air. No! Never again!
Get the fuck up, O. I ain't playing around. You swore an oath, remember?
Get up, get dressed and get running.
Please, Yunior. I'd rather not. I'd rather not.
I repeated myself again and again, with each stammer lowering in volume
until my words became whispers. Yunior would have none of it. He tore the sheets
off my bed. I stumbled off the bed, avoiding his glare. My computer, my safe haven,
remained a short distance away. I sat myself on my worn leather swivel chair and
stared at the blank screen. I wanted to turn it on, to finish the third chapter of
"Arthurus Prime: Betrayal at New Camelot," but I blanked out, closed my eyes and
steeled myself, just like Arthurus had when he faced a horde of imperial orcs
descending on the village of Lylat.
Hands gripped at my shoulders. Then I did it. I cannot explain why I did it.
But it happened.
You leave me alone!
Bloodlust emanated from his eyes. The adrenaline that had provoked my
reaction was no longer surging and was now replaced with fear. He closed the
distance between us and pressed the brunt of his massive upper body strength
against my chest. Unable to maintain a firm holding on my seat, I was sent flailing
through the air, to be stopped by the wall behind me.
The impact left a shockwave that reverberated through our room, sending
the numerous Japanese animation figurines I had collected over the years off their
shelves and into my collapsed self. Before I could murmur an apology, my eyes
began to droop, closing and opening.
In emulating The Brief Wondrous Life of Oscar Wao, I aim to capture the
overarching theme of individuality and its clash with conformity that surrounds the
tragedy of Oscar and his family. This inescapable tragedy is rooted within
generations of turmoil following the Trujillo regime that emerges in the scenes in
which Yunior offers to help Oscar gain a normal life, particularly during their days
at Rutgers University. What Yunior envisions to be Oscar's ideal life is but a
mirroring of Yunior's own life: that to be physically fit, good-looking and
surrounded by "slutties" is the path to happiness. But Yunior fails to recognize that
the fuku, the curse that hangs over Oscar, is more than just one of the silly
superstitions of the "old school" Dominicans.
The fuku is an enduring chain to the past that binds Oscar, making him an
unknown martyr in a hostile world. Unable to understand why his life has been so
unfortunate, so unlike that of his Dominican peers, Oscar's character embodies an
impermeable hopelessness shared by generations before him, generations of
Dominicans who have sacrificed their lives so that their children can carry on. In
carrying the brunt of this burden, Oscar shows that the notion of the American
experience has shifted; the notion that immigrants can simply "melt" into the
American culture has been revealed to be a conflicting mixing of cultures.
Immigrants to the United States carry with them not only traditions, but the tragedies
of the past, events that continue to shape the decisions of survivors trying to build
new lives.
Conforming to the dominant culture in which masculinity and strength are
praised coincides with the stereotypes attributed to Dominicans, but mass
conformity is what allows dictators like Trujillo to maintain their control over
millions of people. The comical, yet sad depiction of Oscar trying to lose weight as
Yunior urges him on is a representation
of the struggle Dominicans underwent The fact that Oscar has been
trying to maintain their lives while the isolated for much of his brief
people in power kept them in check. life, that he has not had much
Diaz weaves this struggle within what
social interaction, suggests that
begins as an offering of help and ends
he will hang on to whatever
with the shattering of friendship, that
relationship he can manage.
the imposition of one's standards on
another is an inherent contradiction of
the American dream, a vague concept that has been universally understood as the
striving for happiness through whatever means necessary. To consider this clashing
of conformity against individuality, in my emulation I decide to give Oscar a voice,
to portray Diaz's intentions from within the frame of the tension between Oscar and
Yunior.
Because The Brief Wondrous Life of Oscar Wao is narrated from the
perspective of Yunior, to write in Oscar's voice I base his dialogue and actions on
the personality quirks and speech mannerisms evident throughout the story. Even
though Oscar's voice is relegated to whatever Yunior tells the reader, there is enough
detail to be gleaned that I could envision what might have been going through
Oscar's mind as he protests against Yunior's "Oscar Redemption Program." The fact
that Oscar has been isolated for much of his brief life, that he has not had much
social interaction, suggests that he will hang on to whatever relationship he can
manage. Yunior presented not only a possible friendship for he listened to Oscar's
qualms, questions and concerns, but he was also the archetypal Dominican man –
assertive and persuasive. To go against such a precious relationship and the standard
of what a Dominican man should be like, there had to be much conflict brewing
within Oscar.
To depict that conflict Oscar would need a voice. Oscar's natural manner of
speech embraces words the average person would never use: Oscar "[t]alked like a
Star Trek computer," as Yunior put it. By observing Oscar's fondness for higher
language, I came up with a "voice" for Oscar that deviates from the one Diaz creates
for Yunior. Unlike Yunior, whose voice comes off as street-smart and strong,
Oscar's voice is intellectually indecisive. I figured that Oscar's inner-self carefully
chose his words, piecing together longer sentences, a sharp contrast to the bursts of
short sentences Diaz crafts for Yunior. But to build the emotional intensity of the
scene in which the timid Oscar physically and verbally protests against Yunior, I
decide to pace Oscar's voice with his emotions. While he is hiding underneath the
sheets hoping that Yunior will relent, Oscar is in his own personal space, debating
over whether he should listen to Yunior's demands. His internal monologue at this
point is lengthy, but holds a hidden aggression we are unable to see from Yunior's
point of view. This deviation from Oscar's surface personality is depicted in the
emulated narrative through a mixing of long sentences and intentional fragmented
sentences that frame Oscar's emotional highs. When Oscar believes that he is
emotionally safe, he can compose himself, yet when that safety is challenged, his
thoughts also become fragmented.
Structurally, the emulated text resembles the style Diaz employs throughout
the novel. Diaz's tendency to omit quotation marks, for example, is imitated
whenever Yunior and Oscar speak. The effect this stylistic decision creates is that it
removes delays within the text. The reader can breeze through the novel,
unobstructed by punctuation marks. However, the intermingling of pop culture
references is kept to a minimum. Lacing the short narrative with references to
Robotech and other aspects of geek culture strays from the voice I intended Oscar
should project. While it is hinted that Yunior gleaned much of the pop culture
references from Oscar, Oscar's mingling of pop culture references should resemble
his natural manner of speech. I played with the thought of adding a reference to
elves and whatnot in every line of dialogue, but that would have made Oscar sound
fake. Instead, I include the only a short bit about hobbits and forest elves because
Oscar's character has been portrayed as using Dungeons and Dragons references
when speaking to others. The same mannerism, I thought, should be applied to
Oscar's frame of mind, that he thinks through difficult issues by making references
to subjects he finds fascinating.
To frame Diaz's theme of individuality against mass conformity, Diaz's
rejection of blind solidarity, the emulated narrative is primarily an interweaving of
Oscar's internal dialogue with that of Yunior's persistence in getting Oscar to "run." I
flesh the scene of Oscar and Yunior's fight into a progression of tension that leads
into Oscar shoving Yunior. Running, Diaz implies, would allow Oscar to lose
weight, and eventually build an image that may appeal to the public. But running
doesn't make Oscar happy. This is why I added several fragmented sentences
expressing the disdain he felt while running. Physical exercise for Oscar must have
been grueling, but it also exposes him to the hostility of a society that labels the
overweight disgusting and amusing.
For this reason, Oscar retreats into daydreams and writing, which is why I
emphasize Oscar's bed and computer desk as "safe havens" where Oscar can be
himself. Yunior, however, cannot see this. He cannot see that he is imposing his own
standards of success on Oscar instead of helping Oscar find the motivation to help
himself. Therefore, Yunior's frame of mind is left out of the narrative so that the rift
in communication between the two widens. This allows for friction to develop
between them, culminating in an explosion of the pent up rage and frustration Oscar
has endured as Yunior ignorantly insists that he was just helping Oscar out.
Ultimately, Oscar rejects blind conformity and asserts his individuality, bearing the
fuku by himself, for Yunior's helping hand is but an extension of Trujillo's
oppression.
"English 215
WANDERING WISDOM
(A VILLANELLE)
____________________
MAKEBA LAVAN

I’d rather be free like the Aborigines
From dusty red clay, a new state of grace
I’ll fly my spirit high on motherlands’ breeze
Cure the ills of this hateful disease

Remove bigotry’s’ stench from the human race
So I lay these shackles down for others to seize

And as I flee this electronic prison with haste
Instead of spending time accruing spiritual fees,

My soul rented out like a cheap storage space,
And when we cross these new vertices,

Internet’s virtual walls our old meeting place
All this so our souls can appease

Men, banks we worship as our new holy place
___________________________________________________
The Assignment and the Writer: The students in English 215 – Poetry Reading and Writing – are
introduced to many styles of poetry, including the fixed forms of sestina, pantoum, haiku, and
villanelle. They are asked to look at the world in which they live and speak to this specific and unique
moment in time in the writing of their poems. Makeba Lavan’s “Wandering Wisdom” is a villanelle.
In it she juxtaposes freedom rooted in Aboriginal existence with our twenty‐first century
technological world. – Professor P.J. Gibson
"Psychology 311
THE CHAMELEON EFFECT:
ASSESSING INTERACTIONAL
SYNCHRONY IN INSTANT
MESSAGING
____________________
TODD SQUITIERI

ABSTRACT
INTERACTIONAL SYNCHRONY REFERS TO AN ACT of mimicry that people non-

consciously execute when conversing with other individuals (Chartrand & Bargh,
1999). The experiment proposed here seeks to address the nature of internet
relationships, namely, whether a chameleon effect can be detected through internet
dialogue. A 2 (old friends versus participants newly acquainted with each other) x 2
(internet versus live media) will be conducted to assess whether synchrony occurs as
frequently in internet dialogue as in live media. It is hypothesized that the frequency
of verbal mimicry—whether in the form of common vernacular or symbolic
expressions exclusive to internet use—will match, if not exceed, the frequency of
live communication.
___________________________________________________
The Assignment and the Writer: The assignment was to write a research proposal which was to
include a literature review leading up to a well‐defined research question with hypotheses, along with
a feasible outline for a method to test these hypotheses. Todd's paper was exceptional in several
ways: it included a thorough and insightful literature review of an interesting psychological question,
and he proposed an elegant method to investigate the research question experimentally. The paper
built neatly on previous research but extended it in significant ways by placing the concept of
interest, the chameleon effect, in a modern, computer‐mediated setting. – Professor Maria Hartwig
THE CHAMELEON EFFECT:

ASSESSING INTERACTIONAL SYNCHRONY IN INSTANT MESSAGING
Much research has been conducted on “the chameleon effect.” Interestingly enough,
studies of the chameleon effect were not officially underway until the mid-1960’s,
nearly a decade after the famous Solomon Asch study in which participants were
induced by a group of confederates, despite evidence to the contrary, to choose the
smallest of three possible lines when asked to identify the largest of the three.
Asch’s study has often been cited as a “conformity paradigm” in experimental
research (Ross, Bierbrauer, & Hoffman, 1976, p. 148). Conformity itself, however,
has been a highly contested issue in the realm of social research. For example, the
issue of whether infants imitate facial and manual gestures has been hotly debated
among developmental researchers for decades. In a recent study conducted by
Bremner (2002), six-week-old infants were made to imitate an array of psychomotor
exercises to assess levels of mimicry. In his study, he observed the infants not only
imitating research assistants, but also discovered that they were able to defer
imitation as a means of reinforcing their memory of the assistant who initiated the
gestures (Bremner). In sum, it can be argued that conformity research has laid the
foundation for research on interactional synchrony.
Chartrand and Bargh (1999) cite Scheflen as being the first researcher to
begin the study of non-conscious mimicry, starting with his paper in 1964 which
addressed the issue. The authors assert that “three basic lines of research on
behavioral coordination developed thereafter,” specifically rhythmic synchrony,
facial mimicry, and behavior matching (Chartrand & Bargh, p. 896). Chartrand and
colleagues (2003) outline some of the research that has been conducted since
Scheflen. In their article, they state “First, we non-consciously mimic the accents,
rates of speech, and speech rhythms of interaction partners… we also mimic the
facial expressions of other people... if we see or hear others laugh, we tend to laugh
more ourselves or if we listen to a happy or a sad person, we tend to mimic their
tone and take on their mood state” (Chatrand, Cheng, Jefferis, & Lakin, 2003, p.
151). Many studies have further assessed the evolutionary significance of this
effect, suggesting that such mimicry served as “social glue”, ensuring survival of
some groups and individuals over others (Chartrand et al., 2003). The authors
further speculate that “behavioral mimicry actually increases liking between
interaction partners” and further claim that this fact is consistent with their argument
that “mimicking would be evolutionarily advantageous to the extent that it helps
rapport develop between group members” (Chartrand et al., 2003, p. 151). What the
current research on mimicry reveals is that interactional synchrony may be
instinctual in humans, it may help facilitate socialization, and may be prevalent
enough to measure and assess.
Bargh and Chartrand (1999) contributed extensively to the research on
interactional synchrony when they conducted an experiment where they assigned
participants to two team members in a task to describe photographs (under the guise
of marketing research). Confederates were selected to initiate two of four possible
mannerisms in a 2x2 factorial design. The two independent variables consisted of
shaking a foot or rubbing the head while the other was smiling versus no-smiling.
The participants were recorded on video so that judges could assess the degree to
which they mimicked the confederates (Chartrand et al., 1999). AB-BA
counterbalancing was used to account for any order bias that could have occurred.
Inter-observer reliability coefficients were also used to prevent observer bias.
Consistent with their hypothesis, Chartrand and Bargh (1999) found that participants
passively took on the mannerisms and facial expressions of the confederates without
the intention or reason to do so (i.e. “the chameleon effect”) (Chatrand et al., p.
899). A more recent study on mimicry recruited thirty-five undergraduate students
(n=35) in a 2x2 factorial design where participants were exposed to two videos, one
video that triggered happy or sad emotions, and the other video featuring a person
executing a task while either playing with a pen or not playing with a pen (Baaren,
Fockenberg, Holland, Janssen, & Knippenberg, 2006). The authors found that
participants were more focused on the second video when they were in a positive
mood than when they were in a negative mood (Baaren et al., 2006). Because the
participants in the good mood condition mimicked movements of the confederate in
the second video more often than the participants who were in the bad mood
condition, the investigators were able to conclude that people in a good mood are
more likely to automatically take over the
behavior of others than when in a bad mood Understanding the way the
(Baaren et al., 2006). chameleon effect operates
With the advent of the internet, and through cyberspace could
the launch of numerous cyber social improve marketing strate-
networks, social scientists have been gies and be useful in
studying the nature of synchrony in order to stimulating the economy.
understand the most efficient, cost-effective
way of attracting consumers to specific
products. Baker writes that “Statistically, friends tend to behave alike. Researchers
at Yahoo found that if someone clicked on an online ad, the people on his or her
instant chat buddy list, when served the same ad, were three to four times more
likely than average to click on it… friends share interests” (Baker, 2009, p. 32).
Similarly, Ifould states that “many relationship experts suggest we’re more likely to
click with someone because of our similarities” (Ifould, 2009, p. 56). Furthermore,
Christakis and Fowler (2009) posit a social “preselection process,” referring to the
way individuals gravitate toward other individuals of similar interests, through
avenues such as clubs, parties, and churches. All of these claims have been put to the
test and scientifically measured. Little research, however, has been conducted on
verbal mimicry over the internet. Does the chameleon effect have any impact on
relationships over the net, or do friendships create the chameleon effect over the
net? Whatever the causal relationship, the implications for such findings would be
immense. Understanding the way the chameleon effect operates through cyberspace
could improve marketing strategies and be useful in stimulating the economy.
Researchers have also tested the chameleon effect using non-human agents
or cyber entities. In a study conducted by Bailenson and Yee (2005), participants
entered a CVE (collaborative virtual environment) and listened to an embodied
agent read a persuasive passage. The agent was programmed to either mimic the
participants’ head movements at a 4-s delay or play back head movements from a
different participant (Bailenson & Yee, 2005). The investigators found that
participants liked the nonhuman agent more when being mimicked, and concluded
that the “power of the chameleon effect persists even when the person being
mimicked is fully aware that the mimicker is the embodiment of a non-human,
artificial intelligence agent” (Bailenson & Yee, 2005, p. 817). In other words,
Bailenson and Yee found convergent validity (as well as a positive correlation)
when administering the mimicking behavior. In a follow-up study, Bailenson, Beall,
Patel, and Yee (2007) assessed whether people, in turn, would be able to detect
mimicry in nonhuman agents. In the study, participants were exposed to an array of
light signals presented on a computer screen. After brief exposure, participants were
then asked to indicate whether they thought the patterns of signals displayed on the
computer screen were caused by a human or nonhuman entity. The authors
discovered that nonhuman agents were highly effective in posing as a human entity,
and that participants performed below chance when trying to guess whether they
were interacting with a human or an agent. This research underscores the notion that
cyberspace may have a significant influence on some individuals and that “the
chameleon effect” is as prevalent in cyberspace as it is in face-to-face interactions.
In other words, internet use may be an interactive process (Quayle & Taylor, 2003).
Currently, however, no research has been undertaken to assess how this effect
manifests itself in the verbal expression between two human friends. The following
study seeks to create a baseline for future research in the field of social networking
and interactional synchrony.
HYPOTHESES
The following experiment will assess the nature of internet relationships with regard
to synchrony. The experiment will evaluate whether synchrony occurs between two
friends online (operationally defined by the amount of words shared in conver-
sation). It is hypothesized that interactional synchrony will occur as often via instant
messenger as in non-internet based communication.
METHOD
PARTICIPANTS
150 freshman and sophomore college undergraduates, from the ages of eighteen to
twenty-one, will be recruited from the John Jay College community. Fliers will
specify the date, time, and location for the first meeting where consent forms will be
distributed to the students who volunteer to participate in the study. College credit
will also be awarded to the students who complete the requirements of the study.
PROCEDURE
Groups of pairs of friends will be selected for the following two-week study. Friends
will be randomly assigned to either one of two groups: an internet group and a non-
internet group (fliers will specify that the researcher is looking to recruit “two close
friends” for a study on human interaction). Depending on the group they are
assigned, a friend will be instructed to record or save conversations for the benefit of
the researcher; that is, friends in the internet group will save their instant messenger
conversations while the non-internet group will record their conversations using any
recording device, provided the sound is of good quality, allowing the researcher to
detect specific conversational idiosyncracies. All participants will be instructed to
converse with their friends in either media for up to an hour per day for seven days.
To prevent demand characteristics or participant bias within the study, the researcher
will provide seven topics for the friends to discuss in their hour long conversations
(Home, Family, Friends, Goals, School, Religion, Something funny that happened in
the past week). The participants may stay on topic for as long or as little as they
want but the topics should be addressed in the course of the conversation. These
topics should also assist participants in sustaining conversation for the required
amount of time. The internet group will be able to converse in any environment that
they please (i.e. home, café, park), providing they stay on topic. This leniency in
ecological validity is designed to strengthen the external validity of the study. Those
participants assigned to the non-internet group will be instructed to converse
wherever they please, provided it is not on the computer, that they exclusively
converse with each other, and that they stay on topic. Participants will be
encouraged to choose locations where they frequently socialize. Finally, all
participants will be asked to deliver the materials for assessment by the end of the
week. Participants will then be asked to fill out Davis’ Perspective Taking Subscale,
the same survey found in Chartrand et al.’s research (2003), which will assess which
individuals were more likely to mimic. This survey will be used as an additional
resource to draw results and will not be factored into the primary calculating
procedure. After submitting the materials, the participants will be debriefed,
thanked for their participation, and awarded college credit for their contribution. In
assessing interactional synchrony, synchrony will be operationally defined by the
amount of specific, idiosyncratic, colloquialisms shared by both participants (i.e.
shared words and expressions) as well as certain response cries, such as “ums,” and
“uhs.” A group of randomly selected students will be assigned to assess and rate the
synchrony on a five-point Likert scale in all conversations (an inter-rater reliability
test will be conducted to prevent bias). Finally, an ANOVA test will be used to
assess the variance within and between groups. While the groups of friends who
already know each other may potentially create a confound due to the fact that
friends who already like each other tend to mimic each other, the purpose of the
study is to assess whether any form of synchrony exists via the internet and to assess
whether any synchrony in live communication can be detected when transferred to
the internet. It may thus be argued that the relationship status of the couples is
secondary to the more crucial task of perceiving interactional synchrony among the
couples in the internet group.
In the main, the goal of this study is to assess verbal synchrony amongst
groups of friends in both internet and non-internet conditions as well as to compare
levels in both media. It is hypothesized, judging from previous research on
interactional synchrony in nonhuman agents, that an equal amount of synchrony will
be detected in both conditions.
DISCUSSION
Much research has been conducted to assess synchronizing behavior in various
media, and research generally reveals that individuals are likely to mimic other
people’s behaviors in order to be liked and to fit in (Chartrand et al., 1999).
Furthermore, individuals in a good mood are more likely to mimic others than when
they are in a bad mood (Baaren et al., 2006). Finally, individuals exposed to a
nonhuman agent are likely to unconsciously mimic nonhuman agents and are also
more likely to view nonhuman agents more positively if they are being mimicked
(Bailenson & Yee, 2005). The results of these past experiments support the notion
that there is evolutionary significance in the chameleon effect. The current study
seeks to support these findings by providing further evidence of this effect through
live interactions via the internet (through instant messenger services). Current
research supports the idea that friends are statistically likely to behave alike (Baker,
2009). This research may ultimately indicate that marketing can be as effective—if
not more effective—on the internet than in other media.
One objective for the present study is to support and contribute to the
present research on interactional synchrony and non-conscious mimicry. By adding
more depth to the present research, the implications for interactional synchrony—
which are wide ranging—become increasingly more apparent. If synchrony can be
detected in online conversations, for instance, the present study may help bolster the
work of clinicians in devising more effective strategies to prevent depression
(especially for those clinicians who use alternative treatment approaches, such as
web-CBT). The findings for this study may also shed some light on the relationship
between the internet and identity and may be an excellent springboard for further
research on this connection. Finding correlations in the way the internet influences
identity and vice versa may also help the APA’s ethics board establish more
cohesive guidelines for practitioners of alternative treatment methods which are, at
present, still hotly contested and under evaluation (personal communication,
November 22, 2009). Ultimately, the present study may prove an excellent
paradigmatic study for future researchers looking to explore relationships sustained
through the internet (as a mediating variable). Should the proposed study prove
statistically significant, researchers may begin to explore the ways in which the
internet shapes our social realities and vice versa.
The main purpose of the proposed study is to find more effective means of
promoting products that could likely sell through a snowball effect in groups of
people who are synchronous, and to thus stabilize the economy. The current study
will hopefully fill gaps in the current research on the chameleon effect and hopefully
contribute to more commercial-marketing endeavors. One potential strategy, for
instance, in increasing the likelihood of successful transactions may be to
incorporate present youth-vernacular or lingo into advertisement campaigns in an
effort to synchronize companies with potential buyers. Choosing a location for these
advertisements—whether the internet or some other media—may also prove to be a
critical next step of this enterprise. Future research may wish to focus on handheld
devices, such as the Palm Pilot and Blackberry, to assess whether they offer
effective outlets for companies looking to expand business and sell product. An
investigator, for example, may wish to replicate the proposed study to assess how
synchrony may manifest itself in these aforementioned mobile devices. The internet,
along with its numerous technological offshoots, has irrevocably changed our
present social landscape and it has become imperative for professionals in all fields
of expertise to educate themselves and to embrace these novel approaches to
interaction. The more researchers learn about interactional synchrony, via new
mobile devices, the more they will be able to understand the role it plays in our
lives, and, consequently, the more we will come to understand each other (and
humanity).
If interactional synchrony is detected in this proposed study, the impli-
cations will be wide-ranging and may support the work of numerous professionals,
particularly those in the social sciences. As technology develops and continues to
shape our society, it will become increasingly important to understand how such
media influence human interaction, especially in light of the discoveries made on
non-conscious mimicry and interactional synchrony. The more we come to under-
stand the relationship between interactional synchrony and technology, the closer we
will come to understanding how such interactions impact our technology-driven
society, for better or for worse; thus, the more we will begin to understand the world
of the twenty-first century, the world we inhabit.
REFERENCES
Austin-Oden, K., & Lohr. (2009). Browsing for love in all the wrong places. Skeptic,
15, 48-55.
Bailenson, J. N., Beall, A. C., Patel, K., & Yee, N. (2007). Detecting digital
chameleons. Computers in Human Behavior, 24, 66-87.
Bailenson, J. N., & Yee, N. (2005). Digital chameleons. American Psychological
Society, 16, 814-819.
Baker, S. (2009). What’s a Friend Worth? Business Week, 4133, 32-36.
Bargh, J.A., & Mckenna, K.Y.A. (2004). The internet and social life. Annual Review
of Psychology, 55, 599-605.
Bremner, J.G. (2002). The nature of imitation by infants. Infant Behavior &
Development, 25, 65-67.
Chartrand, T. L., & Bargh, J.A. (1999). The chameleon effect: The perception
behavior link and social interaction. Journal of Personality and Social
Psychology, 76, 893-910.
Chartrand, T. L., Cheng, C. M., Jefferis, V. E., & Lakin, J. L. (2003). The
chameleon effect as social glue: Evidence for the evolutionary significance
of nonconscious mimicry. Journal of Nonverbal Behavior, 27, 145-158.
Christakis, N. A., & Fowler, J. H. (2009). Love the One You’re With. Scientific
American Mind, 20, 48-55.
Fockenberg, D. A., Holland, R.W., Janssen, L., Van Baaren, R. B., & van
Knippenberg, A. (2006). The moody chameleon: The effect of mood on
non-conscious mimicry. Social Cognition, 24, 426-437.
Ifould, R. (2009). The ‘click’ factor. Psychologies, 56-58.
Lakin, J.L., & Chartrand, T.L. (2003). Using nonconscious behavioral mimicry to
create affiliation and rapport. Psychological Science, 14, 334-339.
Quayle, E., & Taylor, M. (2003). Child pornography: An internet crime. New York:
Brunner-Routledge.
Ross, L., Greene, D., & Hoffman, S. (1976). The role of attribution processes in
conformity and dissent. American Psychologist, 31, 148-157.
Sheppard, S. C., Forsyth, J. P., Anestis, J., Kaplan, J., Herbert, J. D., Gahm, G. A., &
Pearson, A. N. (2009, November). Computers and new technology. In J. P.
Forsyth (Chair), Alternative treatment delivery systems: new frontiers in
training, dissemination, and intervention. Symposium conducted at the
meeting of The Association for Behavioral and Cognitive Therapies’ 43rd
Annual Convention, New York, NY.
"English 316
G.I. JANE REVISITED
____________________
NEETHU SURESH

WHEN A MAN HOLDS A DOOR FOR A WOMAN, carries her heavy baggage, or lets her
walk before him, it is considered chivalrous and many women do not protest—even
though we pay for this chivalry with about an eleven cent difference in our salary.
Such chivalrous actions may be romantic or helpful but ultimately they are
infantilizing. They are actions that keep women submissive to men, which defeat our
cries for equality, and which demand special attention and protection from men as
well. The same inequality, cloaked in the form of chivalry and a need to protect,
keeps women off the frontlines of combat in war. Despite enduring exhaustive
physical and mental tests and training for battle, female soldiers are held back in
support units and restricted from combat zones while male soldiers are sent off to
the frontlines to fight. Perhaps this inequality is not so terrible—why should more
lives be taken in battle and more family members suffer? But just as accepting a
door held open for us defeats our call for equality, so does standing behind while
men go off to fight and protect us. If a woman is physically capable of carrying out
her duties and wishes to be in combat, why should she not be allowed on the
frontlines? Women who are capable of passing the required tests to be considered fit
for combat should be allowed to fight alongside men to protect their country.
___________________________________________________
The Assignment and the Writer: Written for English 316, Advanced Writing and Response, Suresh’s
paper reexamines the argument against women serving in combat alongside men. Analyzing all the
usual arguments of the opposition—physical limitations, exposure to violence, dangers of being
closely quartered with men—Suresh traces evidence of women fighting in wars and leading revolts
from 69 A.D. to the present. In the end, Suresh claims that women would make “intelligent and
effective soldiers” and the real opposition to involving women in direct combat stems from outdated
traditional gender roles and stereotypes rather than the idea of women being unfit physically,
mentally, or emotionally. – Professor Livia Katz
Those opposed to this idea argue that many women are not able to handle
the physical rigors of the Armed Forces and cannot keep up with their male
counterparts. However, a report by the U.S. Army Institute of Environmental
Medicine at Natick, MA, stated that “when a woman is correctly trained, she can be
as tough as any man" (Deocales, 2003). Also, studies have shown that “contrary to
the view of many traditionalists, the operational performance of groups improves
greatly if both sexes are involved” (Foreman, 2004). No one is asking for
unqualified soldiers to be put on the line, but if a female soldier can perform at the
same level or better than a fellow male soldier, she should be able to fight alongside
him in combat.
Another argument against women fighting in the Army is that women
should not be subjected to violence. Let us disregard the fact that thousands of
women face domestic violence and sexual abuse in their own homes, in our own
country, and by the hands of their loved ones. One hundred and eleven women were
killed in Iraq by 2008 and hundreds
more have been injured (iCasualties,
Clearly, male soldiers have 2008); some women have even been
adjusted to the presence of taken prisoner. Female soldiers are
female soldiers in the already guarding bases and engaging
Armed Forces and they will opponent forces in firefights (Pessin,
also learn to adjust if 2005). Even in transportation units,
women are brought to the they run the risk of being ambushed or
frontlines. hit with an RPG. A few years ago, the
Army came under scrutiny for putting
women in military police units that go
out on patrol and in combat support
units that work directly with combat soldiers. It is ridiculous to say that women are
not already facing violence as soldiers; they face the threat of injury and death just
as male soldiers do. Tucker Carlson stated on his PBS show ''Allowing women to
get shot to death or blown up or mutilated and disfigured in war is horrible. It's
unnecessary. It's barbaric” (Young, 2005). Apparently, allowing men to get shot or
blown up is not an issue. The argument that women’s lives are too valuable to be
endangered is not only ridiculous, as their lives are already on the line, but insulting
to men as well. If we say that we cannot allow women to fight in direct combat
because their lives are too valuable, does it mean that we allow men to fight because
their lives are expendable? Men and women are supposedly equal in this country and
to say that the lives of our men are worth nothing is terrible.
Some argue that it would be dangerous to place women in close quarters
with men and that often on the frontlines, soldiers are stuck together in enclosed
spaces for long periods of time. With long periods of close contact, there would arise
issues of sexual misconduct, assault, and personal privacy. This again is an insult to
men. It is offensive to suggest that male soldiers cannot train and work with female
soldiers without getting involved in sexual misconduct. The idea that men are so
sexually depraved that they would not be able to control themselves around females
is demeaning to both sexes. Soldiers are trained to be professionals who can learn to
adjust to any situation they are placed in. Soldiers who do behave improperly are
breaking the law and should be punished for their behavior. One would imagine that
in the middle of enemy forces, the last thing on a soldier’s mind would be the gender
of the person standing next to him. Either way, as a country that often looks down
upon Arab nations for forcing their women to wear hijabs so that men will not be
aroused by their body, how would we be any different if we do not allow women to
fight on the frontlines merely because men cannot control their urges around
women? The same arguments about sexual misconduct were likely given when
women first began to join the Armed Forces. Clearly, male soldiers have adjusted to
the presence of female soldiers in the Armed Forces and they will also learn to
adjust if women are brought to the frontlines.
A woman fighting in combat is not a novel issue—women have been
fighting in wars as long as there have been wars. There is evidence of women
leading revolts and fighting in combat dating back to 69 A.D. (Craddick-Adams,
2005). In the 18th and 19th centuries, women often disguised themselves as men to
fight in combat. During the Persian Gulf War, forty thousand women were sent
overseas to fight (Deocales, 2003). In World War II, 800,000 women served in the
Soviet military and 350,000 of them served in direct combat (USA Today, 2006).
Soviet military records show that women can be very successful as front-line
soldiers. Soviet women soldiers were effective as snipers and female night bomber
regiments were considered superior to male regiments. If the United States Armed
Forces were to utilize all women had to offer, they would gain intelligent and
effective soldiers. It is clear that we need more people on the frontlines in the war
we are fighting now as the Army is pushing the boundaries of the law to better
utilize their female soldiers. However, our misguided sense of chivalry and the need
to “protect” women keep female soldiers off the frontlines where they can be of
tremendous help to their country and to their fellow soldiers. "We go through the
same boot camp, so why shouldn't I be able to go over and fight?" states Thompson,
a female soldier. "I signed up to be a Marine, not to stay back (Bnet, 2009)."
For a country that claims that men and women are equal, it does not make
sense to keep women who are fit to do their jobs and who want to be on the
frontlines away from combat. The reasons to keep women out of direct combat have
more to do with traditional gender roles and stereotypes than with any deficiency in
women soldiers. Marine Lt. Col. Sara Phoenix, an analyst serving in Fallujah, states,
“Gender has no relevance in the Marine Corps today. The ideal of equality is not just
about the right to vote or work. This notion that women are somehow not able to
perform their jobs in the military in a combat environment flies in the face of
everything we say we value in the USA" (Jervis, 2005). Women are already in the
thick of it all and to keep them out of the frontlines is an insult to their enormous
contributions and their dedication to this country.
REFERENCES
Craddick-Adams, P. (2009). Women at war: 'She-soldiers' through the ages. In BBC.
Retrieved May, 2009, from http://www.bbc.co.uk/ history/trail/wars_
conflict/home_front /women_at_war_10.shtml
Deocales, T. (2003). Women in combat: Women join the men in the fight for
freedom. In NewsHour. Retrieved May 06, 2009, from
http://www.pbs.org/newshour/extra/speakout/editorial/women_military.html
Foreman, J. (2004). Women should be allowed on the front lines of combat with
men. Retrieved May 06, 2009, from http://media.www.thebatt.com/media
/storage/paper657/news/2004/09/10/Opinion/Right.To.Fight-715090.shtml
G.I. Jane: should women be allowed to fight on the front line? (2003). Bnet.
Retrieved May 6, 2009, from
http://findarticles.com/p/articles/mi_m0EPF/is_25_102/ai_100961604/
Iraq coalition casualty count. (2008). iCasualties. Retrieved May 6, 2009, from
http://www.usatoday.com/news/washington/2005-06-26-female-troops-face-
front_x.htm
Jervis, R. (2005). Despite rule, U.S. women on front line in Iraq war. In USA Today.
Retrieved May 06, 2009, from http://www.usatoday.com/
news/washington/2005-06-26-female-troops-face-front_x.htm
Pessin, A. (2005). Role of women in US military gets renewed debate. In Voice of
America. Retrieved May 06, 2009, from http://www.voanews.com/
english/archive/2005-05/2005-05-31-
voa49.cfm?CFID=193626891&CFTOKEN=53197391&jsessionid=de30b9
1346 88a02afa523474614618d6c1f3
Sharp-shooting women best soviet snipers. (2006). bNet. Retrieved May 6, 2009,
Fromhttp://findarticles.com/p/articles/mi_m1272/is_2739_135/
ai_n27094641/
Young, C. (2005). Should women fight wars? In The Boston Globe. Retrieved May
06, 2009, from http://www.boston.com/news/globe/editorial_opinion/
oped/articles/2005/05/30/should_women_fight_wars/
"Literature 323
THE OUTSIDER IN TAXI DRIVER
AND CHINATOWN
____________________
ERIKA H. KOLLOORI

FILM NOIR IS ICONIC FOR MANY REASONS. It is characterized by dark, moody

settings, an ambiguous moral universe, hard-boiled protagonists, dangerous femme-
fatales and an ominous, mysterious feeling throughout. Neo-film noir takes a slightly
different approach by combining the classic elements of film noir and adding fresh
perspectives and visual styles to create a genre all its own. Both Chinatown (1974)
and Taxi Driver (1976) can be considered neo-film noirs, drawing upon the slyness
and low-brow style of film-noir while including bleaker, more depressing
undertones. These films focus on the loner, completely separated from the outside
world, while trying desperately to achieve a purpose within it. The protagonists in
Chinatown and Taxi Driver, Jake Gittes and Travis Bickle respectively, are so multi-
layered and complex, that the films become more engrossing on a psychological
level than anything else. Gittes and Bickle’s inner turmoil and inability to form
intrapersonal and interpersonal relationships with themselves and others causes the
concluding devastation at the end of each film.
___________________________________________________
The Assignment and the Writer: For LIT 323, The Crime Film, students were asked to select two film
noir films and, using appropriate secondary sources, write a comparative essay focusing on one of
several subjects. Erika devised her own point of comparison, penning an elegant analysis of two neo‐
noir films from the 1970s. Most impressive about her essay is its close attention to nuances of
character and aesthetics, and the keen links it draws between two very different yet fundamentally
similar film masterpieces. – Professor Baz Dreisinger
Jake Gittes is an obviously hardened man. He is neither emotional nor

sensitive. He is brash and callous; the racist joke about the Chinaman which he alone
finds utterly hilarious is a strong example of this. However this type of protagonist is
not new to film noir: “Noir stories see the world as a dark and dangerous place
inhabited by emotionally estranged characters attempting to negotiate the mean
streets of their 'asphalt jungle' and stay alive” (Cordaiy, 119). Even though Gittes is
emotionally blank throughout the film, he still does not display the typical
characteristics of a film-noir detective: “the
classical noir detective is shabby, in dress and manners, and was seen by early
devotees of the genre as an existential outsider, free to move through the upper and
lower echelons of society because he was not attached to either” (Cordaiy, 120).
Gittes by contrast dresses very well, makes a decent living and has trouble blending
in high society. He frequently has to correct himself when he uses profanity while
conversing with Evelyn and shows an obvious detachment from “Chinatown.” The
name of the film in fact, represents Jake’s ignorance about the world which he
believes he knows so much about. Chinatown is meant to symbolize the foreign and
untouchable; something so beyond Jake’s comprehension that there is no way for
him to fathom the depth of the corruption in which he is involving himself.
Yet Jake is oblivious to his own short-comings, constantly making false
accusations and suspecting innocent people of a crime which he has no obligation to
solve. He has a false sense of pride, believing himself to be more intelligent than he
actually is, while he refuses to see what is right before him all along. Garrett Stewart
writes, “Gittes's misplaced and annoying self-confidence in revealing his unearthed
clues is part of the full-scale displacement of audience expectation that does such
repeated and widespread violence to the mystery form within which Chinatown
purports to be operating” (Stewart, 28). The viewer is forced to see the whole plot
unfold through Gittes’ point of view, which is, sadly, very limited. Even when all is
revealed by the end of the story, Gittes still manages to allow his pride to cause
further problems for himself and others: “The mask of bravado doesn't quite fit, and
at times fails to serve him. The exaggerated braggart's ease, for instance, with which
he is forever spilling his secrets into the all-too-willing ears of his known
antagonists, especially in the final confrontation with Noah Cross, is tragically
miscalculated” (Stewart, 28). After Evelyn loses her life and Gittes is forced to
watch in disbelief, one of his partners has to pull him away from the crime scene,
reminding him that “this is Chinatown,” which essentially echoes the truth that Jake
is truly an outsider in a very foreign environment.
The winding plot-line that Chinatown takes the viewer through is decidedly
through the view of Jake Gittes, a man who has a great deal of trouble piecing clues
together. When he finally does uncover the truth, he is shocked and horrified by
what it reveals and, as Michael Eaton says, “at the very moment when Jake knows
everything he is most powerless to act” (Eaton, 69). Throughout the story, Jake is
driven by a dangerous curiosity to solve a mystery which has very little impact or
effect on his life. This is likely due to the fact that most of his work had previously
involved infidelity cases, and Mulwray’s death proves both different and exciting for
him. The beautiful and seductive Evelyn only adds to the appeal of pursuing the
case, as Jake’s distrust of her only seems to intensify his desire to have her and,
eventually, save her. Unfortunately his inability to see things clearly makes it
impossible for him to do so. He cannot save Evelyn because for most of the film, he
does not trust her. If he was able to emotionally connect with her, instead of
pursuing her as the villain he thought she was, perhaps her death could have been
avoided.
Prior to the Mulwray case, Jake saw much of the world through a camera
lens. He spent his life spying on cheating husbands and wives; his occupation was
voyeuristic, yet he is very defensive and at times insecure about it: “Jake is proud
and defensive about his occupation,” writes Eaton, (30) almost fighting with a man
in the barber shop who questions the respectability of his career choice. Stewart
expands on Jake’s voyeurism: “This theme of 'peeping' is repeated throughout the
film - Jake or his operatives photograph suspects in various locations (always
outdoors, on a take, from a rooftop) and try to interpret usually incorrectly, the
meaning of the images” (Cordaiy, 123). This is very much an outsider’s way of
viewing life- from a distance. We know that Jake is not properly accustomed to
solving mysteries in a more direct way, because when he attempts to in the Mulwray
case, he is awkward in his interpersonal skills and almost always wrong in his
deductions. The Mulwray case allows Jake an opportunity to do something
meaningful and involving, and as the plot thickens, Jake becomes more obsessed
with finding the truth, instead of realizing that he
is out of his league. Jake is an outsider who
hopes that, through the Mulwray case, he can Jake is an outsider who
step out from behind his camera and actually hopes that, through the
prove his worth as a detective. Mulwray case, he can
Although Chinatown is certainly a step out from behind his
depressing film with a bleak message, Taxi camera and actually
Driver is a darker film; it explores the inner prove his worth as a
psychotic rage of Travis Bickle and it touches on detective.
disturbing subjects like paranoia, depression and
sexual violence. As disturbing as this film is to
watch at times, the viewer cannot take his or her eyes off the screen. The painfully
slow build-up to the climax at the end makes the viewer just as bloodthirsty as
Travis and nothing else but carnage will satisfy that thirst. Both Chinatown and Taxi
Driver have lonely protagonists, but Travis is so alone that he becomes psychotic.
The interesting point about Taxi Driver is that even though it ends with a
very violent scene, this is not a violent movie. It is not concerned with violence but
with Bickle’s mind, instead, which is much more interesting than violence. Robert
De Niro’s portrayal of Travis Bickle is the reason for the greatness of this picture.
Just as Chinatown forces the viewer to see things from Jake’s outsider perspective,
Taxi Driver does the same. Many times in the film, the viewer is riding in the taxi
with Travis, which forces the viewer to see the world through his eyes and we are
left feeling hopelessly sorry for this man. Travis has a very rigid view of the world
and this view comes from his own limited perspective, from watching others from a
distance. He does not have friends or any meaningful relationships, and when he
tries to form one with Betsy, his social awkwardness ruins whatever chance he could
have had with her. However, Travis is less concerned with being lonely and more
concerned with doing something worthwhile in his life.
Jake Gittes is hungry for a case worth pursuing in Chinatown and Travis is
longing to find a purpose in his own life, as well. The movie is not clear about his
“honorable discharge” from the Marines in the Vietnam War, but we can assume
that he did not return to America a satisfied and whole man. Michael Dempsey
writes, “The hellmouth in which Travis is trapped is explanation enough for his
impacted loneliness and self-hatred, his utter bewilderment over how to conquer
them, his sense that he has failed ‘to become a person like other people’” (Dempsey,
37).
In spite of his loneliness, Travis has a false sense of pride that many critics
have viewed as a “Christ-complex.” He feels the need not only to cleanse the world
of its ‘filth,’ but also to rise above it and be superior. Like Jake, he is both arrogant
and insecure but ultimately desperate to find a place of importance. The only person
he truly admires is Betsy because she represents purity. His infatuation for her grows
so quickly that he blindly endorses Senator Palantine, a man he knows nothing
about. When Betsy proves to be part of a world which Travis can never inhabit,
Palantine becomes his enemy as well. Betsy and Palantine threaten Travis’ desire for
superiority when he realizes that compared to them he is actually inferior. They are
more cultured, more intelligent and more successful than Travis and he despises
them for this. When he sees Iris, the teenage prostitute, and the pimps she associates
with, he can feel superior because compared to them, he actually is. This is what
immediately draws him to that world. He wants to enter hell so he can purify it and
die a martyr. Dempsey makes an interesting argument about Travis’ attraction to
each female: “Iris he wants to save from her sordid life; Betsy he hopes will save
him” (Dempsey, 37-8).
Iris is young, innocent and emotionally about as mature as Travis is himself.
Yet Travis has one advantage over her: he has seen the world. He uses this to his
advantage so that he can guide her away from her life as a prostitute. Whereas Betsy
did not need or want Travis’ guidance in anything, Iris needed saving and she
allowed Travis to be her savior. With Iris, Travis finally found a purpose and this
was his redemption. He was allowed to act out his fantasy of heroism, rescuing a
woman in distress, only Iris was not a woman, but a girl, and in many ways Travis
was not a man, but a boy.
It is truly fascinating to watch Travis’ insanity unfold on screen because
everyone can identify with him on some level. The desire to save others, to feel
important and to have a purpose in life is not an alien emotion, as everyone
experiences it. Travis is simply a man who takes these feelings to an entirely
different, more violent level, because his loneliness and despair drive him to it. His
lack of frequent human interaction, genuine friendships and the strangely distant
relationship he has with his family cause him to have an outsider’s view on the
world and the people who inhabit it. He does not identify with them as people; they
are more like specimens to him, contaminating a world which Travis desperately
feels the need to purge.
Jake Gittes and Travis Bickle are outsiders; they cannot find a place in the
world. Both men come to a breaking point and become obsessed with stepping out
of what they consider mundane to do something remarkable. Gittes becomes tired of

viewing life from rooftops through camera lenses, but when he takes an active role
in solving a mystery, massive destruction ensues. Bickle spends the entire film
driving around in a taxi, judging everyone in his community, until he decides to step
out and fight against those he considers impure. Yet in Travis’ case, a “bloody
communion” is the result. Neither Gittes nor Bickle have a clear understanding of
themselves or others; if Jake did not expect Evelyn to be a ‘femme-fatale,’ he could
have solved the mystery very quickly, and if Bickle didn’t have such a low opinion
of others, he would not have felt it was his duty to massacre several men in front of a
young girl.
Moreover, both men are blinded by their hubris. Jake is exceptionally and
overtly cocky, especially in his behavior towards other policemen, who are about as
clever as Jake is, only he doesn’t recognize that. Travis constantly complains about
perverts when he himself visits porno theatres. Neither man can see that they are the
type of person they despise. They have no introspective qualities. Yet their
insecurities show when Gittes yells in the barbershop, “I make an honest living,” and
Travis tries to connect on a professional level with the secret service officer.
Ultimately, their aloof behavior causes an inability to connect with others and
recognize their own weaknesses, thereby bringing on the bloody and terrifying
conclusion in each film.
REFERENCES
Cordaiy, Hunter. “Through a Lens Darkly: Teaching Chinatown.” Screen Education,
Issue 54 (2009), 119-124.
Dempsey, Michael E. “Taxi Driver Review.’” Film Quarterly, Vol. 29, No. 4
(Spring, 1976), 37-41.
Eaton, Michael. Chinatown. 1997. British Film Institute: London.
Stewart, Garrett. “The Long Goodbye from Chinatown” Film Quarterly, Vol. 28,
No. 2 (Winter, 1974-1975), 25-32.
Chinatown. Screenplay by Robert Town. Dir. Roman Polanski. Perf. Jack
Nicholson, Faye Dunaway, John Huston. Paramount Pictures, 1974.
Taxi Driver. Screenplay by Paul Schrader. Dir Martin Scorsese. Perf. Robert
DeNiro, Jodie Foster, Albert Brooks and Harvey Keitel. Columbia Pictures,
1976.

"Literature 371
THE HUMAN ASPECTS OF
PUNISHMENT AND INNOCENCE
____________________
BRIAN CAMERON

CRIMES AND PUNISHMENTS — OR NON-PUNISHMENTS — depicted in Dosto-

evsky’s Crime and Punishment (1866) and McEwan’s The Innocent (1990)
expand the horizon of readers’ understanding of justice beyond laws and
legal procedures promulgated by states to include extra-legal values, forged
in experience, that shape human conscience. Raskolnikov’s real punishment
in Crime and Punishment is not his eight year sentence in Siberia. Rather, it
is his madness, the result of his conflict of conscience. His denial of guilt is
symptomatic of his delusion, an expression of his frustration at being unable
to fulfill his expectations of being a Napoleon. On the other hand, Leonard’s
___________________________________________________
The Assignment and the Writer: Brian Cameron wrote “The Human Aspects of Punishment and
Innocence” concerning Raskolnikov, the protagonist of Fyodor Dostoevsky’s Crime and Punishment
and Leonard Marnham, the protagonist of Ian McEwan’s The Innocent during the Spring 2009
semester for my course, The Literature of Crime and Punishment (Lit 327). I challenged students in
this assignment to judge the validity of Raskolnikov’s and Marnham’s rationalizations for committing
murder, basing their judgments on concepts of criminal law set forth in George P. Fletcher’s Basic
Concepts of Criminal Law. Cameron’s application of the legal theories of psychological and moral
attribution to this task permitted him to achieve stunning insights into flaws in Raskolnikov’s and
Marnham’s thinking and, beyond that, to situate his critiques of these characters’ arguments in
relation to each other on a spectrum of moral liability. Cameron revealed, in the process, important
links between ethics and law. – Professor Margaret Escher
claim of innocence in The Innocent is not a self-defensive rebuttal to

accusations against him but a sign of an egocentric, child-like mentality that
makes him nearly oblivious to other people’s reactions to him. These two
novels examine the human aspects of the legal terms “punishment” and
“innocence,” giving their readers a more profound understanding of law as
not just a set of rules but also as a life-process that goes beyond the court
room and the prison house.
Fyodor Dostoevsky in Crime and Punishment and Ian McEwan in
The Innocent depict their protagonists, Raskolnikov and Leonard Marnham,
killing others and rationalizing their acts of violence. Raskolnikov’s and
Marnham’s justifications of their behavior are worthy topics of analysis, for
insight into them will shed light on the authorial intentions and ethical
principles driving these novels. However, prior to performing such a study, it
will be useful to examine the legal theories of psychological and moral
attribution. George P. Fletcher in Basic Concepts of Criminal Law asserts that
“the critical factor in the development of a theory of the burden of persuasion
unique to the criminal process is the perception of moral guilt as the central,
all-encompassing condition of criminal liability” (99). The key is then to
determine whether or not one can justly assign such moral guilt to an alleged
offender, taking into consideration the individual’s capacity and the
circumstance of the supposed offense. The psychological theory of attribution
focuses more on assessing the capacity of the accused. This theory “inquires
whether the crime is mirrored in the consciousness of the suspect” in order to
determine “if the actor has the appropriate mental state” to be “held
accountable for his action” (Fletcher, 1998, p. 82). This approach is well-
suited to examining the case of Raskolnikov who suffers from mental illness.
The moral theory of attribution focuses on “what we can fairly expect of each
other in a civilized society” (Fletcher, 1998, p. 83). This approach
emphasizes the circumstances of the offense and whether or not the offender
acted appropriately in that situation according to his or her society’s standard
of socially acceptable behavior. Often enough, this attitude toward
determining guilt leads one into an area far more gray than black or white.
For example, Kant’s analogy of the shipwrecked sailor who kills another to
save himself shows how a wrongful act may be justifiable for the sake of
self-preservation (Fletcher, 1998, p. 131). However, what is agreed is that
“we can fault the act of killing an innocent person, but we cannot blame the
person caught in a maelstrom of circumstance” (Fletcher, 1998, p. 131). This
theory best fits the case of Leonard Marnham who acts out of a sense of
necessity when, upon seeing “something coming from behind” as he
struggles with Otto, stretches out his hand to protect himself from that as
well, and closing his grip [around the thing] swings down uncontrollably in
response to an advancing Otto and Maria’s guiding hand (McEwan, 1990, p.
177). One must note that in assessing Leonard’s innocence his self-
justifications aren’t necessarily correct, even if his act is justifiable.
In Dostoevsky’s Crime and Punishment, Raskolnikov explains, “the
real Master to whom all is permitted storms Toulan, makes a massacre in
Paris, forgets an army in Egypt, wastes half a million men in the Moscow
expedition and gets off with a jest at Villa” (274). The real reason why
Raskolnikov kills the pawnbroker woman is to prove that he is such a master,
able to do anything in order to succeed, without a sense of guilt. Indeed, he
does not consider her murder a crime, expounding to his sister just before his
confession: “Crime? What crime...that I killed a vile noxious insect, an old
pawnbroker woman, of use to no one…killing her was atonement for forty
sins” (Dostoevsky, 1866, p. 513). Raskolnikov considers himself a “beggarly
contemptible wretch” (Dostoevsky, 1866, p. 519) not because he killed that
woman and her sister but because, as the crime was unfolding, he lacked the
resolve to overcome his own conscience and follow through with his plan.
Before he confesses to the explosive lieutenant, he contemplates, “only now I
see clearly the imbecility of my cowardice, now that I have decided to face
this superfluous disgrace” (Dostoevsky, 1866, p. 513). His moral argument
that killing the pawnbroker woman will better society by putting an end to an
exploiter and making available her money to better himself and his
community falls to pieces, first, when he kills her sister as well out of fear
and, then, when he fails to obtain the pawnbroker’s funds. The application of
the psychological theory of attribution to Raskolnikov’s case must be
tempered by the underlying principle that Dostoevsky seeks to convey in this
novel, namely that Raskolnikov’s true punishment is his isolation from the
human community and his madness as a result of the crime. Raskolnikov
becomes mad once he seriously contemplates the act of violence; he slips into
a severe neurosis upon committing it. Thus, his psychological troubles are a
consequence of his crime, not its causation, making Raskolnikov accountable
for the murders.
Leonard Marnham, for his part, is an innocent man caught up in a
ghastly circumstance. Two types of innocence are attributable to him and
warrant some preliminary discussion: the innocence of his naïveté and the
innocence of his participation in Otto’s death. Leonard certainly has a very
egocentric, childlike mentality. It isn’t enough that Otto breaks into his
fiancée’s apartment and insults them. When Otto goes into the bathroom and
breaks the shelf that Leonard installed himself, Leonard tells Maria, “he did it
deliberately…he knows I put it up” (McEwan, 1990, p. 172). When Maria
then explains to him that Otto is just drunk and unconcerned about such
trifles, Leonard “did not see why she would be defending him” (McEwan,
1990, p. 172). The destruction of his shelf is what gets Leonard calculating
Otto’s strength and weakness, not Otto’s violation of their personal space.
Furthermore, throughout this ordeal, Leonard just wants the whole thing to be
over with, so he might resume celebrating his engagement party, oblivious to
the gravity of the situation and its effects on Maria. These concerns of
Leonard reveal his egocentric perspective—his childlike innocence. Leonard
is correct in considering his act of violence against Otto self-defense but,
when he decides not to tell the police because he thinks that they won’t
believe him, he is only thinking about himself, automatically assuming that
they are either corrupt or uncritical. When he rationalizes that cutting up
Otto’s body isn’t wrong, he is considering only his own situation, unmindful
of the desecration of Otto’s body and uncurious about the possibility that
Otto may have loved ones who want to mourn over his remains. When he lies
to Glass and the sentry man about the contents of the suitcase, claiming that
he does not want to trouble them with “unpleasant facts that did not concern
them” (McEwan, 1990, p. 241), he misses the obvious truth that men in that
official capacity are supposed to be concerned about such things and that that
is why they have such check points in the first place. And when he gives up
the operation for his own ends, rationalizing that it was doomed to fail
anyway, he exploits a mature understanding of such things in order to save
himself, not realizing that Glass and McNamee are doing everything in their
power to keep the operation secret, despite their belief in its inevitable
failure. Leonard’s act of violence is self-defense, but his self-justifications are
the rantings of an insecure child, irresponsible and out of touch with reality.
Raskolnikov feels that his act of violence is justified according to his
inhuman philosophy and deems that his only fault is failing to live up to that
philosophy. Leonard believes that his behavior is appropriate, for he sees
himself as a victim of circumstance. Raskolnikov is clearly at fault: what he
refers to as his weak-mindedness is really his own conscience. Leonard is not
to blame—at least, not for Otto’s death—but his weak-mindedness keeps him
from understanding how his actions affect other people. Raskolnikov, in his
guilt, struggles with his own humanity. Leonard, in his innocence, fails to
appreciate the humanity of others. The self-justifications of both characters
are nothing but the rationalizations of self-absorbed egos, lacking both
objectivity and empathy.
REFERENCES
Dostoevsky, F. (2003). Crime and punishment (C. Garnett, Trans.). New
York: Bantam
Dell. (Original work published 1866)
Fletcher, G. (1998). Basic concepts of criminal law. New York: Oxford
University Press.
McEwan, I. (1990). The Innocent. New York: Anchor Books.
"Sociology 341
ORGAN TRAFFICKING IN INDIA,
CHINA, AND JAPAN
____________________
GABRIELA GHITA

INTRODUCTION
ON DECEMBER 23, 1954 the first successful organ transplant took place. Richard
Herrick received a kidney from his identical twin brother and survived eight more
years. Fifty-five years later, organ transplantation has grown steadily across the
world and millions of lives have been saved. However, as the medical technology of
transplantation developed, reaching the complexity and beauty of art, the economic,
social and cultural problems related to this sector increased as well. Organ
trafficking has become an impressive trade involving surgeons, patients, and
brokers. The problems that have arisen are directly proportional to the expanse of
the trade and are a concern not only at the national level but internationally as well.
___________________________________________________
The Assignment and the Writer: International Criminology is a 300 level course and students are
expected to produce analytical papers that illustrate a thorough understanding of definitions,
measurements and theories that explain crime and criminality in international context. For this
assignment students were asked to select two or three countries, obtain statistics for a particular
crime, apply theories to explain the crime trends, and develop some strategies for crime prevention.
Gabriela Ghita selected a challenging, understudied topic and wrote about organ trafficking in India,
China, and Japan where, as she argues, organ trafficking patterns reflect the countries’ economic,
political and cultural systems. She produced a well‐argued, critical paper that explains the crime
trends through a combination of criminological theories. – Professor Jana Arsovska
This paper looks at a few countries where organ trafficking is flourishing and
analyzes, through a combination of theories, including Lawrence Cohen and Marcus
Felson’s Routine Activity Theory, Edwin H. Sutherland’s Differential Association
Theory, and Thorsten Sellin’s Conflict Theory, the circumstances of the trade and
the traders’ characteristics. In India, China, and Japan organ trafficking patterns
reflect the countries’ economies, political systems and cultural beliefs. Poverty,
totalitarianism, and/or religious beliefs influence organ trafficking locally and
internationally. A possible solution to the organ trade and its convoluted legal
domain might be the example of Spain. Spain’s successful organ transplant strategy
has decreased organ trafficking in the country.
GENERAL CRIME TRENDS

Internationally, the sale of organs, as well as their illegal extraction, is banned.
As the European Union Charter of Fundamental Rights and the UN Convention for
the Protection of Human Rights and the Dignity of the Human Person says,
“everyone has a right to his physical and mental integrity. The fields of medicine
and biology will not permit that the human body or its parts as such be used for
profit” (European Parliament, 2000, article 3).
Generally, organ transplantation is an extraordinary advancement of science
which saves thousands of lives every day. However, the transplant procedure by its
nature raises numerous problems. Due to its complexity, the procedure is expensive.
The U.S. Government website for organ and tissue donation and transplantation,
(organdonor.gov) noted that the average cost of transplantation “in 2005 ranged
from $210,000 for a single kidney to over $800,000 for multi-organ transplants such
as liver-pancreas-intestine.” Most people prefer organs from living donors over the
cadaver donations. According to Pearson (2004), “the rate of cadaver donations is
currently decreasing as the rate of living donations markedly increases in all parts of
the world. This may also be due to the fact that the rate of survival is longer with a
kidney from a live donor (21.6 years) as opposed to cadavers (13.8 years).”
Another problem is that the demand for organs is higher than organ
donation. In Europe alone, ten people die every day while waiting for an organ
transplant (EUROPA, 2007). The organ donation legislature varies from one country
to another, making international interchange difficult. According to a EUROPA
press release (2007), there are several factors that contribute to the states’ disparities
in their policies regarding organ donors and transplantation: the organizational
structure, training opportunities, availability of resources, different approaches in
seeking donors, and different cultural and social attitudes toward organ donation.
The presence of all these problems and disparities has created a black market for
organs.
Organ trafficking is, for most countries, a national crime which has crossed
borders, becoming an international crime as well. According to Scheper-Hughes
(2000), a well-known anthropologist, ”Organ trafficking is a transnational crime
which involves surgeons, patients, organ donors, recipients, brokers and
intermediaries – some with criminal connection- following new paths of capital and
technology in the global economy.” Living in a global capitalist economy with an

increased dominance of the market, everything – objects, individuals, their labor and
their reproductive capacities- are reduced “to the status of commodity,” as Scheper-
Hughes (2000, p.193) noted.
According to the WHO (2004), there is no reliable data on organ trafficking
but is widely believed to be on the increase. Statistics related to illegal organ
trafficking are hard to come by. One of the causes is related to the nature of the
procedure. Organ transplants are permitted in most countries as long as the donor
volunteers the organs. Doctors may or may not be aware of illegal circumstances –
when a financial transaction takes place between the receiver and the donor – some
doctors might be the perpetrators of the crime, and others are innocent participants.
Another factor that might explain the lack of organ trafficking statistics is
vague legislation regarding organ trafficking. Countries like China, India, Brazil and
many more have passed legislature against organ trafficking but have so far failed to
enforce it. Other countries, like Israel, Iran, or Japan are confronted with cultural or
religious beliefs which impede the individuals in need of organs from obtaining
them legally in their countries. As a consequence, some will travel outside the
country for a transplant. This mobility of the individuals – donors and receivers –
complicates the application of justice. Issues like location of the crime, different
definitions of the same crime, jurisdiction, and the availability of resources limit the
arrest of the criminals. Although there are certain common patterns between
countries regarding illegal organ trafficking, it is also important to analyze the
specifics of each country.
EXPLAINING ORGAN TRAFFICKING

IN INDIA, CHINA, AND JAPAN
In February, 2008, the arrest of Amit Kumar – “Doctor Kidney” – revealed

the role that South Asia, specifically India, plays in the international trade in human
organs (Inter Press Service, 2008). As the article points out, India has “a
sophisticated but unregulated healthcare industry, a ‘donor pool’ of desperately poor
people ready to sell a kidney, and a corrupt monitoring system.” Legislatively, in
1994 India passed the Transplantation of Human Organs Act (THOA), but its
implementation is scant and uneven. THOA regulates the trade between the donors
and receivers of human organs, limiting the access to a donor. A legal donor could
be a very close family member, like father, mother, sister, brother, etc.
A. Gopal Kishan, president of the Hyderabad-based Indian Society of Organ
Transplantation, also noted that the THOA has many flaws. “It limited the number
of donors by inserting certain clauses as to who could donate an organ to whom.
This caused an acute discrepancy between demand and supply. For instance, though
almost 150,000 kidney transplants are required in our country annually, we can
barely procure 10,000 kidneys for transplants. This shortage gives a stimulus to the
unholy nexus dealing in illegal organ transplants” (Ganguly, 2009).
Dr. Amit Kumar had been arrested after a client-donor complained to the
police of not receiving the amount of money promised. Luring clients is one of the
preferred methods of the traffickers. Taking advantage of the individuals with
financial difficulties, promising jobs or large amount of money, the traffickers attract
their clientele. In Kumar’s case, “they were promised 300,000 rupees ($7,500) but
paid only 30,000 ($750) after the surgery, police said. He is alleged to have
conducted more than 500 transplants over an unspecified period, charging up to
$50,000 dollars for each operation” (Inter Press Service, 2008).
The criminal behavior of Kumar in particular and organ brokers in general
can be analyzed through Marcus Felson and Lawrence Cohen’s Routine Activity
Theory. The theory focuses on what occurs at the present as opposed to what
happened in the past as a circumstance of future criminal behavior (Lilly et al., 2007,
p.265). The offenders play an active and important role in their criminal ventures,
choosing, as a conscious act, to commit a crime. Felson argues that everyone could
commit a crime, but there are the individuals, the majority, who decide not to
commit crime. Analyzing the factors which contribute to the committing of crime,
Felson demarcated what the environmental criminologists called the opportunity to
commit a crime. Felson and Cohen (1979) argued that “each successfully completed
violation minimally requires an offender with both criminal inclinations and the
ability to carry out those inclinations” (Lilly et al., 2007, p.268).
According to this theory, the violations of rules, norms, and laws are caused
by free will – a rational calculation of pleasure versus pain. One of the hedonistic
pursuits in today’s global capitalist economy is wealth: The wealthier one is, the
more power and prestige that person has. In pursuing wealth through illegal means,
the broker views the alternative of being apprehended as nonexistent or very small.
Organ prices vary between $1000 and $200,000 according to the World Health
Organization (2004). Frequently, the donors may receive as little as $1000 for a
$5000 transaction. As Felson and Cohen’s Routine Activity Theory argues, criminal
behavior will take place when and where there is a conjunction of 3 factors: the
motivated offender, a suitable target, and the absence of a capable guardian (Lilly et
al., 2007).
First of all, the opportunity arises with the law prohibiting the sale of organs.
Sick patients have to find a way to prolong their lives, regardless of the price. When
the need is stringent and the availability is scarce, then the price is high. This perfect
match of supply and demand creates the offender – the broker. Now, our highly
financially motivated offender has to find a suitable target. There are the
impoverished and ill-educated people, the women, the blacks and browns; in one
word, the disadvantaged groups. These people, who have little, if any protection
from the powerful group – the capable guardian, - are an easy target for the avid
broker.
A practical application of the Routine Activity Theory is to explain, at a
micro level – the individual’s level – “which individuals in society are most likely to
be victimized” (Lilly et al., 2007, p.270). By doing so, crime can be prevented. In
India’s case, the characteristics of the victims of organ trafficking include gender,
education, and socio-economic status combined with the ambiguity of laws which
ban illegal organ trafficking but are scarcely enforced. These are factors that
increase the likelihood of illegal organ trade. Recently, India has amended the
THOA, and improved the exchange of legal organs by increasing the donor’s
options: the donor could be a stranger, not only close family, and also introduced the
brain-dead donor. However, more measures need to be taken to protect the
vulnerable – the victim.
In contrast to India, China’s government takes the role of the human organ
broker. In 1984, China enacted “Rules concerning the utilization of corpses or
organs from corpses of executed prisoners.” According to the International
Committee of the Red Cross (1997), the law stipulates that,
the use of the corpses or organs of executed criminals must be kept strictly
secret, and attention must be paid to avoiding negative repercussions .... A
surgical vehicle from the health department may be permitted to drive onto
the execution grounds to remove the organs, but it is not permitted to use a
vehicle bearing health department insignia or to wear white clothing.
Guards must remain posted around the execution grounds while the
operation for organ removals is going on. In Han regions the corpses and
organs of executed criminals of minority nationality shall in principle not be
used. In regions where there is a concentration of minority nationalities, the
funerary customs of minority nationalities should be respected when
implementing these rules.
By requiring secrecy, the presence of doctors without their distinct,

recognizable attire, and the presence of the guards, the law reflects its unethical
aspect. International humanitarian organizations like the Red Cross, International
Amnesty, the WHO, to cite a few, are concerned with the procedure’s transparency.
China is a communist country where the power is held by the government.
According to the U.S. Department of State’s report on China’s human rights (2009),
“the government's human rights record remained poor and worsened in some areas.”
The secrecy that surrounded most of the Chinese government’s actions makes it hard
to appreciate the real numbers of victims. Most of the organ donors are the
prisoners, who have been sentenced to the death penalty. According to the WHO
(2005), “a National People’s Congress deputy asserted that nearly 10 thousand
cases per year ‘result in immediate execution,’ a figure that the Supreme People's
Court (SPC) and the Ministry of Justice officials stated was exaggerated. Foreign
experts estimated that the country executed between 5,000 and 12,000 persons each
year.”
Each year’s report reflects a discrepancy between the statistics offered by
China’s representatives and the humanitarian organizations, with larger numbers
exposed by the latter. The donors – prisoners – give their consent to the authorities
while in prison. According to GTZ (2004), “the informed consent of such 'donors' on
death row is not sufficient due to the lack of a transparent process and because of the
prisoner's weak position. Imprisoned and on death row, the system of giving consent
is not a free choice and is open to abuse. This type of organ removal, with the
questionable consent of victims, whilst a violation, is not trafficking per se, as it is
carried out by the State and thus is not a criminal offence.”
Extrapolating Edwin H. Sutherland’s theory related to white collar criminal-
ity, China, as a state, commits criminal offenses when it comes to human organ
trafficking. Sutherland’s (1940) theory argues that “powerful economic interests
such as the huge corporations that had arisen during the 20th century represented a
segment of society whose organization and policy made them ‘habitual criminals,’
although their wealth and political power protected them from the prosecution in the
criminal courts” (Lilly et al., 2007,
p.153). China’s “habitual criminal” is
its government, the only absolute Different international organiza-
power of the country which deems an tions like EUROPA, the WHO, Human
act as criminal or non-criminal. Its Rights Watch and Amnesty Inter-
habit could be shattered only with the national are suggesting new legis-
help of the international criminal lative guidelines which can control
courts. In consequence, in China, rather than prohibit international
human organ trafficking is not a trade in human organs, protecting at
criminal offense, therefore, the the same time the most vulnerable.
procedure will continue, disregarding
the value of human life.
Although, in China there is no cultural conflict which could lead to a
struggle between groups and the implementation of the winning group’s norms, it is
only the Communist Party, as Thorsten Sellin (1938) would argue, that is establish-
ing which conduct norms become part of the criminal law.
Sellin explained that “the conduct which the state denotes as criminal is, of
course, that deemed injurious to society or, in the last analysis, to those who wield
the political power within that society and therefore control the legislative, judicial,
and executive functions which are the external manifestations of authority” (Lilly et
al., 2007, p.153). Combining Sutherland and Sellin’s theories regarding the power
that an organization or cultural group could have and the afferent implications in
establishing their own conduct norms and definitions of crime, one could argue that
at a larger scale, a state could be the organization or the cultural group. Since, China,
as a state, deemed human organ trafficking as a non-criminal act, the trade is then
authorized. Legally, within China, the trade is legitimate. Morally, worldwide the
trade is perceived as abusive, intrusive, and depreciative of one’s human rights.
Religious and cultural prohibitions in Asia, South America and Africa can
stimulate an organ market in the neighboring countries which are more secular.
According to Scheper-Hughes (2000, p.193), “residents of the Gulf States travel to
India and Eastern Europe to obtain kidneys made scarce locally by fundamentalist
Islamic teachings that will in some areas allow organ transplantation (to save a life)
but draw the line at organ donation.” Islamic teachings emphasize the need to
maintain the integrity of the body at the burial. As a consequence, cadaveric organ
donation is not an option for Islamic believers, causing the patients in need of organs
to travel to countries where the transplant is permitted, increasing the gap between
demand and supply.
In Japan, for instance, there is a resistance to organ transplantations from a
brain-dead person. Most of the transplants rely on living donor organs.
“Approximately 70% of transplanted kidneys and 80% of segmental liver proce-
dures performed in Japan are live donor organs. This is in contrast to the United
States, where 68% of kidneys and 98% of livers transplanted in 1998 were obtained
from cadaveric donors” (Wicks, 2000). As a collectivistic society, the decision of the
individual is connected to the society to which he/she belongs. “Traditionally,
however, death is viewed by the Japanese as a social event, rather than medically
determined phenomena. Many Japanese have an aversion to tampering with the
integrity of the corpse because they believe that the body and soul remain together
and arise in the next life. Traditional Buddhist and Shinto teachings provide the
basis for these beliefs (Wicks, 2000).
The New Law of Organ Transplantation of 1997 allows organ trans-
plantation from a brain-dead individual but under strict conditions: the law defines
the circumstances in which the family decides if the organs should be removed when
one of its members has died without giving consent for organ removal. Also,
regardless of the individual’s consent for organ donation prior to his/her death, it is
the family who has the last word. Much criticism has arisen from the countries
where the Japanese patients in need of organs travel to, because of the already
existent scarcity of organs. The importance of family and of cultural beliefs in Japan
greatly impacts the organ trafficking market, again increasing the demand.
SUCCESSFUL STRATEGIES AND FUTURE CHALLENGES

By analyzing organ trafficking in the three counties, India, China, and Japan,
the salience and complexity of the transaction is overwhelming. What are the causes
of the crime and what are the solutions? When we analyze the causes and try to find
solutions for reducing the crime, we have also to analyze, besides the political
system of the country, its cultural norms, values and beliefs, its legislation and
definition of the crime, and the modus operandi. There are various ways in which
organ donors and providers are recruited, based on violence, deception, or consent.
Kidnapping, killing and sale of people, especially children; the use of deception to
lure donors promising jobs or large amounts of money; misinforming the
consensual donors about the complexity of the surgery, minimizing its importance
and the possible medical consequences or the removal of organs from bodies of
people who have been declared brain-dead prematurely.
The rapporteur for a committee of the European Parliament said, according
to the Bellagio Task Force Report (1997): "Organized trafficking in organs exists in
the same way as trafficking in drugs .... It involved killing people to remove organs
which can be sold at a profit. To deny the existence of such trafficking is compare-
able to denying the existence of the ovens and gas chambers during the last war.” In
the same report, the United Nations special rapporteur asked the audience: "The sale
of children is mainly carried out for the purposes of organ transplantation. To what
extent, and in what ways and forms, do these violations of children's rights exist in
your country?” For some, it might seem improbable that such transactions take
place, especially because there are very few, if any, statistics related to the issue.
Due to the secrecy that surrounds these types of illegal transactions, the immorality
and its atrocity, results in disbelief.
According to UNGIFT (2008), illegal transplant tourism depends on four
populations: “desperate patients willing to travel great distances and face consider-
able insecurity to obtain the transplants they need; equally desperate and mobile
organ sellers; outlaw surgeons willing to break the law or ignore regulations and
longstanding medical norms; and organ brokers and other intermediaries with
established connections to the key players in the shadowy underworld of transplant
tourism.”
The international trade in human organs is on the increase. There is no
reliable data on organ trafficking, but it is widely believed that it is largely practiced.
Different international organizations like EUROPA, the WHO, Human Rights
Watch and Amnesty International are suggesting new legislative guidelines which
can control rather than prohibit international trade in human organs, protecting at the
same time the most vulnerable.
A successful strategy to reduce organ trafficking has been implemented in
Spain. “With over 34 organ donors per million inhabitants, Spain is the world leader
in organ donation, followed by Portugal with 26.7 donors and the US with 26.3
donors” (Berlin, 2009). By law, all citizens of Spain automatically are presumed to
consent to organ donation, upon their death. Every citizen has the choice to opt-out
of the formal consent. So, in other words, every citizen is obliged by law to donate
their organs, at their death, unless specified otherwise. Through the Organizacion
Nacional de Trasplantes (ONT), a network of transplant coordinators in 139
intensive care units across the country, potential organ donors are identified “by
closely monitoring emergency departments and tactfully discussing the donation
process with families of the deceased. (With presumed consent, people are assumed
to be willing organ donors in the event of their death unless they or their families
had specifically stated otherwise)” (CMAJ, 2003).
In addition, the new Penal Code in Spain will consider “illegal human organ
trafficking a crime punishable with up to 12 years in prison, according to the
Minister of Health and Social Politics, Trinidad Jimenez. Thanks to this measure,
anyone who promotes, favors, facilitates or advertises organs or their illegal
trafficking could be sentenced to between 6 and 12 years if it is a vital organ, and
between 3 and 6 years if it is a secondary organ. Organ recipients who are aware of
the illegal origin of the organ may also be sentenced” (Euroweekly, 2009).
There is much to be done in order to reduce illegal organ trafficking and
transform organ harvesting and organ distribution in a fair, equitable, just, and
ethical manner. Starting with a democratic system where human rights are respected,
continuing with national laws and international guidelines, and finishing with the
protection of the rights of organ donors (living and dead) as well as that of the organ
recipients – these are a few suggestions which can prevent and reduce human organ
trafficking. Their complexity suggests that it will take time, education, and scientific
efforts to prevent and control organ trafficking.
REFERENCES
______.U.S. Government information on organ and tissue donation and
transplantation – Financial resources. Retrieved on November 20, 2009
from http://organdonor.gov/transplantation/financial_resources.htm
______.(2007). EUROPA. Q&A on organ donation and transplantation in the EU.
Press release nr.07/112 retrieved on November 09 from

http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/07/212&f
ormat=HTML&aged=1&language=EN&guiLanguage=en
______.(2009). Law resource India. Amendment to the Transplantation of Human
Organs Act, 1994. Retrieved on December 03, 2009 from
http://indialawyers.wordpress.com/2009/09/19/mendment-to-the-
transplantation-of-human-organs-act-1994/
______.(2009). Worldwide Shortage of Donor Organs. Press Release. Berlin.
Retrieved on December 03, 2009 from
http://www.organspendetag.de/fileadmin/organspendetag.de/media/img/PM
_DSO_Welttag_Hintergruende_090930_englisch.pdf
______.(2003). More countries hope to copy Spain's organ-donation success.
http://www.cmaj.ca/news/29_09_03.shtml
______.(2005).U.S. Department of State. China Human Rights Report. Retrieved on
Nov.5, 2009 from http://www.state.gov/g/drl/rls/hrrpt/index.htm
______.World Health Organization (WHO). Organ trafficking and transplantation
pose new challenges. Retrieved on Dec.04, 2009 from
http://www.who.int/bulletin/volumes/82/9/feature0904/en/index.html
______. (1997). ICRS - International Committee of the Red Cross
http://www.icrc.org/Web/Eng/siteeng0.nsf/iwpList302/87DC95FCA3C3D6
3EC1256B66005B3F6C
______. (2009). Euroweekly. Organ trafficking punishable thanks to new law.
http://www.euroweeklynews.com/2009111767703/news/national/organ-
trafficking-punishable-thanks-to-new-law.html
Ganguly, D. (2009). India-Transplantation of Human Organs Act- Amended.
http://www.zimbio.com/Organ+Transplants/articles/PxxUO3yTAhH/India+
Transplantation+Human+Organs+Act+Amended
Lilly, J.R., Cullen, F.T. & Ball, R.A. (2007). Criminological theory: context and
consequences. Sage Publications Inc.
Pearson,E. (2004). Coercion in the Kidney Trade? A background study on
trafficking in human organs worldwide. Retrieved on Nov.9, 2009 from
Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) GmbH
http://www.gtz.de/de/dokumente/en-svbf-organ-trafficking-e.pdf
Scheper-Hughes,N. (2000). The global Traffic in Human Organs. Current
Anthropology, 41, 2, 191- 211.
Scheper-Hughes, N. (1997).The new Cannibalism. Retrieved on Dec.1, 2009 from
http://www.newint.org/issue300/trade.html
UNGIFT (2008). The Vienna Forum to fight Human Trafficking 13-15 February
2008, Austria Center Vienna - Background Paper. Retrieved from
http://www.unodc.org/documents/human-trafficking/Marika
Misc/BP011HumanTraffickingfortheRemovalofOrgans.pdf
Wicks, M.N. (2000). Brain Death and Transplantation: The Japanese. Retrieved on
December 05, 2009 from http://www.medscape.com/viewarticle/408769
"Literature 305
SHAKESPEARE AND MARVELL:
THE LAW ENCLOSED
____________________
TYNISHA ROBINSON

ABSTRACT
THIS RESEARCH PAPER DISCUSSES THE CONNECTION between Andrew Marvell’s
poetry and Shakespeare’s plays, specifically The Tempest and Cymbeline. I will be
exploring how their works connect to the law of the time, as well as the role that
gender plays within this system. Marvell’s poetry discussed gender issues within the
law, and Shakespeare’s Tempest and Cymbeline are great examples of this as well.
Using Britain’s governmental conflicts of the time, Shakespeare presents scenarios
querying colonization, gender roles in government, and Britain’s main issue of the
time--the question of combining nations. I use Marvell’s poems to bring out these
issues, along with multiple essays written by critics and researchers of
Shakespeare’s plays and Marvell’s poems.
___________________________________________________
The Assignment and the Writer: Tynisha Robinson’s paper is a highly sophisticated comparison of
the political symbolism in Marvell’s poetry and Shakespeare’s plays, which she wrote for my LIT 305
class. In focusing on the virginal woman as an enclosed garden representing the “Englishness” of
England, she showed how Marvell’s poetic metaphor and Shakespeare’s plot devices complement
each other as fictional modes for exploring the heated legal and political issue of their day: whether
to combine the islands of England, Scotland, and Ireland. Ms. Robinson dealt with difficult primary
and secondary materials. She wove her sources together in a graceful expression of her own insights
about the relationship of literature and law. – Professor Toy‐Fung Tung

Marvell’s “The Mower Against Gardens” and “The Picture of Little T.C. in
a Prospect of Flowers” are both poems expressing gender roles in government and
Marvell’s views on how males and females should be represented. His poems, “An
Horatian Ode Upon Cromwell’s Return from Ireland” and “The Loyall Scot,”
explain Marvell’s ideas on Britain’s government of the 17th century, in particular the
conflicts surrounding the plans to combine England with other nations, that is,
Scotland and Ireland. I will compare these poems with the conflicts that occur in
Shakespeare’s Cymbeline, specifically those surrounding the marriage between
Imogen and Posthumus, and Imogen’s symbolic role in the combining of nations. I
will also compare the theme of Marvell’s poems with the plot of Shakespeare’s
Tempest, specifically Miranda’s role in the combining of nations and the male-
dominated government shown through Prospero’s actions.
SHAKESPEARE AND MARVELL: THE LAW ENCLOSED

During the 17th century, England’s political conflicts regarding a union with
Scotland were reflected in Shakespeare’s Cymbeline, along with Marvell’s “The
Loyal Scot” and “An Horatian Ode Upon Cromwell’s Return From Ireland”. Not
only did political realities seep through the pages of these writers, but also the issue
of gender roles in government. Shakespeare’s The Tempest and Marvell’s collection
of poems dedicated to “gardens” represent the roles of men and women in 17th
century government. By confronting issues of law enclosed within fiction, both of
these writers gave true meaning to literature and the law.
In 1650 Marvell wrote “An Horatian Ode Upon Cromwell’s Return From
Ireland” to honor the return of English military and political leader, Oliver
Cromwell. David J. Baker, in his book Between Nations: Shakespeare Spenser,
Marvell, and the Question of Britain, describes Marvell’s poem as being one that
“both praises Cromwell and yet managed to leave many convinced that he was a
sub-rosa royalist” (Baker, p.126). The term “sub-rosa royalist” refers to the idea that
Cromwell was a secret supporter of the royalists. Cromwell, however, was well-
known for his anti-royalist attitude especially during the second English Civil War,
when he took down Royalist Welsh rebels in 1648. Marvell’s view on government
was one that many saw as temporary, transitional and even seasonal. Marvell’s
ability to adjust to every ruler who came along made many people distrust the
rationales in his poetry. Baker notes: “as the divine Marvell passed from Charles I to
Cromwell, and then later to Charles II, Marvell obediently accepted each
dispensation in turn, and then shaped his politics to serve a new ruler” (Baker,
p.125).
Although Marvell’s “turn coat” behavior made many question his beliefs, he
never failed or feared getting his point across in his poetry. Cromwell’s attempts to
join the island of Britain together with Scotland and Ireland was a subject that
Marvell fully explored. In his poem “An Horatian Ode Upon Cromwell’s Return
From Ireland”, Marvell set forth his opinion on the union of these three islands.
According to Baker, Marvell’s poem “is an investigation into the question of Britain
at a highly charged moment in the history of three island kingdoms” (Baker, p.128).
In his poem Marvell writes:
Who, from his private Gardens, where

He liv’d reserved and austere,
As if his highest plot
To plant the Bergamot,
Could by industrious Valour climbe
To ruine the great Work of Time,
And cast the Kingdome old
Into another Mold
(Marvell, “An Horatian Ode Upon
Cromwell’s Return From Ireland”,
ll. 29-36)
These lines from Marvell’s poem explain Cromwell’s attempt at combining the
islands. The fact that he says “cast the Kingdome old/ Into another Mold” (Marvell,
“An Horatian Ode Upon Cromwell’s Return From Ireland”, ll. 36) is a direct
reference to taking these three islands and making them into one nation. He is saying
that Cromwell, in fact, was taking three separate kingdoms and trying to mold them
into one. He is also insinuating that Cromwell was taking the work that God had
done over time and changing or ruining it. Marvell’s ability to praise and insult
Cromwell all at once was one of the many reasons that readers and critics could not
quite believe in the positions in his poetry.
Marvell’s poem was not quite wrong about what was being done, because
Cromwell’s attempt to combine the nations did not last very long. “In 1660 the
parliamentary unions with Scotland and Ireland were dissolved: not until 1880 were
the three legislatures again to be united” (Stevenson, “Cromwell, Scotland, and
Ireland” p.180). After the death of Cromwell, Charles II was left to pick up the
disintegrated pieces of what was left of the unions. Even with Charles II back in
power, the “attempt to bind Scotland and England in 1670 floundered . . . on the
unwillingness of the two nations to surrender their separate prerogatives” (Baker,
p.129). Nearing the end of his career, Marvell once again took Charles II’s reentry
and his attempt at combining the nations as his subjects and created the poem “The
Loyal Scot”. “One king, one faith, one Language and one Ile: / English and Scotch,
‘tis all but Crosse and Pile/ Charles our great soul this onely Understands: / Hee our
Affection both and will Commands” (Marvell, “The Loyal Scot”, ll. 260-263).
Within this poem, Marvell expresses his belief in the union of the nations, and he
also shows his ability to adapt to the new ruler of the time.
The multiple failed attempts at combining these nations were not due to
simple mistakes, and Marvell acknowledged this. The resistance of the people in
these nations had a lot to do with this failure. “There can be something deeply
threatening about being told that you are about to become ‘one’ with those whose
unlikeness to yourself has ensured your own identity and, if truth be told, your
superiority” (Baker, p.134). Baker’s statement here refers directly to what
Shakespeare shows us in Cymbeline. King Cymbeline, the representative of the
English government, deals with the conflicts involved in the combination of two
nations, in this case, represented by his daughter Imogen and her husband
Posthumus. The people of the English nation, Cymbeline’s Queen and her son
Cloten, resisted the idea of bringing Imogen and Posthumus together because of
their fear of loss of power in England’s isolated government and their hate for
Posthumus. Shakespeare’s Posthumus is a fictional representation of the Scottish
island, because his name echoes the label “Postnati,” which was applied to those
who were born after the union of Scotland and England. He is marked as an outsider
for being beneath Cymbeline’s family and for his impoverished state. “Many
Englishmen simply ‘hated and despised the very name of Scotland’” (Baker, p.152).
The union of Imogen and Posthumus was the direct symbol of the union of Scotland
and England. The pro-British Queen, Imogen’s step-mother, was against this union
because it would mean that Posthumus would obtain the throne after Cymbeline,
since Cymbeline’s sons were still missing. This not only meant the removal of the
Queen’s power, but it also meant the removal of England’s isolation. The Queen’s
son Cloten was the symbol of English isolation, because his proposed union with
Imogen would maintain the pro-British tradition and keep power within the isle of
England or, in this case, Cymbeline’s family.
The pro-British tradition carries on throughout the play as Shakespeare
displays the rivalry between the Romans and the British. Cymbeline’s refusal to pay
tribute to the Romans is fueled by the Queen's and Cloten’s cajoling. “Britain’s a
world/ By itself, and we will nothing pay/ For wearing our own noses” (Cymbeline,
Act 3, Scene1, ll.14-16). Cloten’s intentions within these lines—to tell the Romans
that the British would not succumb to their demands—were expressed clearly when
he mentions Britain’s being “a world by itself”. The Queen’s speech that follows
Cloten’s statement, not only reiterates his point, but gives Cymbeline even more
courage to stand up to the Romans and refuse both their demands and their foreign
law. The Queen goes on to urge:
That opportunity
Which then they had to take from 's, to resume
We have again. —Remember, sir, my liege,
The kings your ancestors, together with
The natural bravery of your isle, which stands
As Neptune's park, ribbed and paled in
With rocks unscalable and roaring waters,
With sands that will not bear your enemies' boats,
But suck them up to the topmast. A kind of conquest
Caesar made here; but made not here his brag
Of 'Came' and 'saw' and 'overcame’: with shame--
That first that ever touch'd him--he was carried
From off our coast, twice beaten; and his shipping--
Poor ignorant baubles!-- upon our terrible seas,
Like egg-shells moved upon their surges, crack'd
As easily 'gainst our rocks: for joy whereof
The famed Cassibelan, who was once at point--
O giglot fortune!--to master Caesar's sword,

Made Lud's town with rejoicing fires bright
And Britons strut with courage.
(Cymbeline, Act 3,
Scene 1, ll. 17-36)
The Queen’s speech puts forth the honor of Britain’s refusal to accept the civil law
of the Romans.
Although defying the Romans was planted in his mind by the Queen,
Cymbeline’s “Roman blood” does not allow him to keep up his refusal. By the end
of the play, Cymbeline agrees to pay the tribute and also symbolically accepts the
union of England and Scotland, by accepting the marriage of Imogen and
Posthumus. “We’ll learn our freeness of a son-in-law: Pardon’s the word to all”
(Cymbeline, Act 5, Scene 5, ll. 514-515). Cymbeline’s agreement to drop all
isolation and to become one with the international community is not only triggered
by the forgiving behavior of his son-in-law, but also by the idea that he almost put
his own son to death. Furthermore, Cymbeline is himself “Roman” by upbringing, as
he was knighted by Caesar in Rome. This changing of sides in this play is
representative of the idea that no matter how isolated a nation tried to be, there was
always a cross-tie in blood lines and loyalties. The laws from both sides would
eventually combine whether they wanted it or not. Posthumus’s union with Imogen,
Cymbeline’s Roman blood, and the reunion of Cymbeline’s family show that the
combination of law and cultures was inevitable. Marvell’s “The Loyal Scot”
reiterates this idea and was said to argue “against the divisiveness of certain Scotch
presbyters and for the benefits of an amalgamation that would abolish all cultural
and national differences between the Scots and the English” (Baker, p.128). Like the
ideas of the Scotch presbyters, the deaths of the Queen and Cloten symbolize the
death of the idea of isolation among the English.
Marvell’s “The Loyal Scot” also highlights a concern that was present not
only in Cymbeline but also within Shakespeare’s The Tempest. In this poem, Marvell
introduces the idea that the sex of a human being, specifically the female--as in
Shakespeare’s plays--is a major factor in government and may be used to advance
political decisions. “Marvell seems to be asking us to imagine a type of sex (and of
‘sexuality’) that becomes possible only at a specific, politically fraught moment:
when national identity gives way to something higher, and the body is caught up in a
delightful disintegration that signals the ‘union’ of ‘ancient race[s]’” (Baker, p.155).
In Shakespeare’s Cymbeline and The Tempest the females in the two royal families
are used as pawns and represent “the body” that Baker speaks of. Cymbeline’s
Imogen and The Tempest’s Miranda represent bodies in union and are used in the
game of politics.
Although Imogen’s choice to “unify nations” was her own, Miranda did not
turn out to be so lucky. In Shakespeare’s The Tempest, Miranda’s father Prospero
used her sexuality and her naiveté to gain back his power as Duke of Milan. He used
his knowledge of the liberal arts and magic to cause the shipwreck that brought
Miranda and Ferdinand, the Prince of Naples, together. Whether his magic caused
the love that was sparked between the young lovers is unclear. What is very clear is
that the union of these two individuals, or “kingdoms”, would make the union of
Milan and Naples a secure one, gain Prospero back his nobility, and make Miranda
the future Queen of Naples and Duchess of Milan. The idea of marrying off the
daughters of nobility was a very common one seen throughout The Tempest. From
the very beginning, this comes up because the ship that Prospero diverts was on its
way back from the marriage, or union, of King Alonso’s daughter, Claribel, to the
King of Tunis in Africa. Ferdinand, being the heir to a throne, was meant to find a
queen to rule at his side. What better opportunity would Prospero have at gaining
such power than marrying off his Milan-born daughter to the prince?
The introduction of Miranda and Ferdinand to one another was seen as
“magical” in the sense that Prospero could have used his power to cause it or they
just happened to fall in love upon first sight. Miranda exults: “I might call him/ A
thing divine, for nothing natural/ I ever saw so noble” (The Tempest, Act 1, Scene 2,
ll. 498-500). Miranda’s first view of Ferdinand was one that seemed “magical”
because she saw him as unreal or “a thing divine, for nothing natural” that she had
ever seen before had seemed so wondrous. When Ferdinand first sees Miranda he
describes her as “the goddess/ On whom these airs attend” (The Tempest, Act 1,
Scene 2, ll. 505-506). Although her beauty does strike him, it was also her virtue or
virginity that captured his heart. “My prime request, / Which I do last pronounce, is
—O you wonder—/ If you be a maid or no” (The Tempest, Act 1, Scene 2, ll. 509-
511). His request to know whether she is a maid, or a virgin, is one that would
determine whether his interest in her would be sparked. The confirmation of her
being indeed a maid caused Ferdinand to be even more attracted to her.
In John Rogers’s essay “The Enclosure of Virginity: The Politics of Sexual
Abstinence in the English Revolution”, he explains that a woman’s virtue can
control whether she holds power or not. He references Marvell’s poem “The Picture
of Little T.C. in a Prospect of Flowers” and explains that it is “an affirmation of the
magical power of her organically self-cultivated virginity” (Rogers, p.242). The
“magical power” that is held within a woman’s virginity causes the strong attraction
that a man may feel for her. Miranda’s virginity “magically” draws Ferdinand to her
and forms a bond between them that not even Prospero could have conjured up. Her
virginity and sexuality were used to bring about a reform or change in a nation.
Marvell’s Little T.C. is related to Miranda because “her special status as an unfallen
virgin in a fallen world confers upon T.C. the radical capacity or ‘high cause’ to
‘reform’, perhaps even redeem, the postlapsarian world” (Rogers, p.244). This
reform of the postlapsarian world also placed Miranda in the position of Eve, as in
the Book of Genesis and in Milton’s Paradise Lost. Milton’s idea of the “unfallen
virgin in a fallen world” is expressed in Rogers’ essay when he says “the radical
assertion of virginal power posits the virgin’s magical capacity to effect change in
the world by virtue of nothing more than a static condition of moral and physical
purity” (Rogers, p.237). Miranda’s role in Prospero’s plan was to be the key to the
reformation of Milan and Naples, and to changing Prospero’s power position back to
what it used to be. Miranda’s virtue and sexuality had power that symbolized the
dependence that politics had on women, as fixed points of virtue.
The political roles of women were explained by Lloyd Edward Kermode in
his book Aliens and Englishness in Elizabethan Drama to be “on the one hand a
locus of national glory and praise and on the other hand the obvious site for
corruption and failure to maintain moral uprightness” (Kermode, Preface xi). If
Miranda had chosen not to look in Ferdinand’s direction when Prospero told her to,
or if she had not been a virgin, Prospero’s plan might have failed. Imogen’s choice
to marry outside of her class caused major conflicts in the politics of Cymbeline,
which goes to show the political importance of women at that time. Her choice to
marry an outsider put a rift in the plans that the Queen had to maintain British
isolation. Kermode explains that those who resisted the union may have thought that
the problem with women was that “they might marry foreign princes and subject the
realm to alien rule” (Kermode, p.25). Imogen’s marriage to Posthumus put fear in
the heart of the Queen who indeed was against “alien rule”. By marrying Cloten,
Imogen would have been keeping the “Englishness” within her family and within
their government.
“The return of the Englishman’s land depends on marrying the daughters;
reproduction with them determines whether they perpetuate the Englishness of their
mother or the foreignness of their father” (Kermode, p.128). The negative view of
political marriage was shown through Imogen and Posthumus. Imogen’s marriage to
Posthumus not only would take away the “Englishness” of the nation, but if they
chose to reproduce, the nation would be mixed with the foreignness of the Scots; the
“Englishness” here represented by the non-alien Imogen and the Scots represented
by “poor” Posthumus. In Prospero’s case this would work in his favor, because
Miranda and Ferdinand’s offspring would be the rightful heirs to the throne after
Ferdinand. Kermode described these virginal women as having the ability to “offer
themselves up for English impregnation, and this process . . . confirms the
circulations of blood, money and national bodies that the residency of the alien in
England and within (male) Englishness catalyses and sustains” (Kermode, p.129).
Both Miranda and Imogen were the offers given up by their fathers to secure the
continuity of the royal bloodlines of their nations. “They are assumed to be the
breach in the national wall by their own father” (Kermode, p.129).
These women did not have much choice as to whether or not they would
marry, because they were promised by their fathers. In Phyllis Rackin’s essay
“Foreign Country: The Place of Women and Sexuality in Shakespeare’s Historical
World”, she explains that Shakespeare “rationalizes the submission of wives to
husbands” and fathers, “not only on the traditional analogy of husband and king, but
also on the physical differences between male and female” (Rackin, p.24). The mere
fact that they are women determines whether they have the ability to make choices
for themselves. The role of the male is portrayed as so strong in government, but the
female has no choice but to follow. By taking a deeper look into government, it is
possible to see that these same strong male figures depend on their daughters to
connect them to other nations and possibly expand their own nation’s power.
The marriages formed with the daughters, Imogen and Miranda, are seen as
an enclosure. Cristina Malcolmson defines enclosure “as a metaphor for marriage”
(Malcolmson, p.252). She also explains that a woman’s body is seen as an enclosed
garden and uses Marvell’s poem “The Mower Against Gardens” to express this idea.
Marvell takes the idea of gardens and uses land and fruit to describe women. “Had
he not dealt between the Bark and Tree, / Forbidden mixtures there to see. / No plant
now knew the Stock from which it came; / He grafts upon the Wild the Tame: / That
the uncertain and adult’rate fruit/ Might put the Palate in dispute” (Marvell, “The
Mower Against Gardens”, ll. 20-26). In these lines Marvell explains that if the
enclosed garden of a woman is tainted by one who is not familiar with it, there is a
possibility that the garden could be tainted. He is saying that if a woman’s garden is
mowed by foreign “gardeners” then her “fruit” is no longer pure. As a result, she
puts the “Palate” or the origin of the nation, in dispute. That dispute would be the
purity of the nation, or in this case, the Englishness of the garden. Malcolmson
explains that “the bodies of women become analogous to and emblematic of the
property whose ownership and government were in dispute in England during the
time” (Malcolmson, p.252).
The connection between sex and politics was customary and Malcolmson
explains that many Englishmen felt that “the garden of England must be controlled
by an upper class which can benevolently yet efficiently marshal the powers of
Mother Earth” (Malcolmson, p.252). It was the job of the man or the “Mower” to
make sure that the woman was controlled by a strong ruler, yet treated well enough
to want to continue the family line. Marvell says that “the cultivation of the country,
like the cultivation of the land, must occur under the auspices of enlightened
property owners, who can construct the state while protecting it against those who
do not understand the violent implications of their leveling ideas” (Malcolmson,
p.262). Marvell’s message to the Englishman here is that he should not just use his
wife or daughter for the purposes of cultivation and expansion without doing the
necessary deed of protecting and taking care of her as he would his country. The
Englishman should be the protector of his garden, when it comes to his wife and
daughter, as well as the “Mower” when it comes to his wife, in order to be a
successful ruler.
Both Shakespeare and Marvell took the idea of the enclosed garden and
planted the law within it. “The imagery of the enclosed garden of England and the
enclosed garden of the chaste but generative wife blend in new ways as the literature
of the Civil War contests over the nature of the proper ‘husband man’ for the
country” (Malcolmson, p.252). Shakespeare and Marvell both used literature to
bring out the law buried within the garden of female chastity. Literature and the law
are combined by these two writers who both represented the union of law and
literary metaphor. The gender and political issues that were embedded in 17th
century government were connected to each other so deeply that it became evident
that the two would not be separated. Shakespeare’s plays and Marvell’s poems
developed these ideas and not only combined literature and law, but provided insight
into the enclosed gardens of the law, as represented by female chastity.
REFERENCES
Baker, D. J. Between Nations: Shakespeare, Spenser, Marvell, and the Question of
Britain. Stanford, CA: Stanford University Press, 1997. Print.
Kermode, L.E. Aliens and Englishness in Elizabethan Drama. New York, NY:
Cambridge University Press, 2009. Print.
Malcolmson, Cristina. “The Garden Enclosed/ The Women Enclosed: Marvell and
the Cavalier Poets.” Enclosure Acts: Sexuality, Property, and Culture in
Early Modern England. Eds. Archer, John M., and Burt, Richard. Ithaca,
NY: Cornell University Press, 1994. Print.
Marvell, A. “An Horation Ode Upon Cromwell’s Return From Ireland.” The Poems
and Letters of Andrew Marvell. 3rd ed. Volume I Poems. Margoliouth, H.M.
ed. Oxford: Oxford University Press, 1971. Print.
Marvell, A. “The Loyal Scot.” The Poems and Letters of Andrew Marvell. 3rd ed.
Volume I Poems. Margoliouth, H.M. ed. Oxford: Oxford University Press,
1971. Print.
Marvell, A. “The Mower of Gardens.” The Poems and Letters of Andrew Marvell.
3rd ed. Volume I Poems. Margoliouth, H.M. ed. Oxford: Oxford University
Press, 1971. Print.
Marvell, A. “The Picture of Little T.C. in a Prospect of Flowers.” The Poems and
Letters of Andrew Marvell. 3rd ed. Volume I Poems. Margoliouth, H.M. ed.
Oxford: Oxford University Press, 1971. Print.
Rackin, Phyllis. “Foreign Country: The Place of Women and Sexuality in
Shakespeare’s Historical World.” Enclosure Acts: Sexuality, Property, and
Culture in Early Modern England. Eds. Archer, John M., and Burt, Richard.
Ithaca, NY: Cornell University Press, 1994. Print.
Rogers, John. “The Enclosure of Virginity: The Poetics of Sexual Abstinence in the
English Revolution.” Enclosure Acts: Sexuality, Property, and Culture in
Early Modern England. Eds. Archer, John M., and Burt, Richard. Ithaca,
NY: Cornell University Press, 1994. Print.
Shakespeare, W. Cymbeline. New York, NY: Washington Square Press, 2003. Print.
Shakespeare, W. The Tempest. New York, NY: Simon & Schuster, Inc., 1994. Print.
Smith, D.L. ed. Cromwell and the Interregnum. Malden, MA: Blackwell Publishing
Ltd., 2003. Print
"Literature 305
JUSTICE AND MORALITY IN
THE MERCHANT OF VENICE
____________________
CHRISTOPHER MCCONNELL

THROUGHOUT WILLIAM SHAKESPEARE’S THE MERCHANT OF VENICE, the reader
encounters the presentation and application of the laws within Venice. As a result,
the audience is left to question whether or not justice and morality are present when
the laws are applied. Shakespeare presents a division between the Jewish and
Christian populace located in Venice. This divide is one which is mainly concerned
with the religious aspect of every individual’s life. This in return, creates tension
within Venice. This is one of the key reasons Antonio and Shylock come into a
dispute over their contract. It is the nature of contract law that concerns the audience
___________________________________________________
The Assignment and the Writer: This 305: Foundations of Literature and Law assignment was to
write an argumentative research paper to analyze both aspects of the course material. Mr.
McConnell’s paper is particularly successful because he weaves together various components of the
play to address social as well as legal features of the contract between Shylock and Antonio.
McConnell’s use of research demonstrates his ability to discover appropriate material to support his
argument without letting external sources take over his analysis. Additionally, McConnell connects
his analysis to key concepts of the course itself and traces Shakespeare’s work to earlier course texts,
most specifically Plato’s Crito. Ultimately, McConnell clearly articulates a complicated analysis of The
Merchant of Venice and the application of law while exploring the balance between morality and
justice. – Professor Veronica Hendrick
most since the interpretation of law is seen differently by many people. However,
the contracted law between Antonio and Shylock becomes a complicated matter due
to the ways in which the audience views these characters. The audience may find
themselves struggling to choose a side, primarily based on the concepts of justice
and fairness. Whether the reader views these characters sympathetically or
disdainfully is purely subjective; however, the interpretation and application of the
laws, in a case such as Antonio’s and Shylock’s, becomes the primary focus of the
reader. Is the interpretation and application of the law in The Merchant of Venice
just or unjust? Shakespeare manages to present this issue regarding law, leaving the
reader to interpret the situation and whether or not justice is ultimately present.
It is important to understand the structure and foundation on which Italy was
built during the 1500s. At that time Italy consisted of many city-states, each of
which varied in terms of its set laws. Nevertheless, trade of goods and services
served as the foundation of these societies and various city-states. However, in a
historical perspective, usury served as a division between two distinct groups – the
Christians and their doctrines, as well as the Jews and their laws regarding the
interest rates applied to bonds. When attempting to create a parallel to the play,
concerning the actual laws and those illustrated in the text, it becomes apparent that
the Jewish money lenders were within their full rights when applying interest. The
historical facts detailing the tension between the two groups lend credibility as to
why Shakespeare attempted to tackle this ongoing problem within the Venetian
society.
The reader may ask why The Merchant of Venice deviates from the actual
laws followed in Venetian society and represents Shylock as the evil-doer in the
process. The answer to that question lies with the genre in which Shakespeare tells
this story, which is indeed a comedy. This gives Shakespeare the wiggle room to
expand and play with the interpretation and application of the laws. The fact of the
matter is the Shakespearean audience would have found this entertaining since it
was something that was not likely to occur with the foundation of law, set at that
time. Kish-Goodling elaborates on the comedic representation of the bond dilemma
between Antonio and Shylock in Using The Merchant of Venice in Teaching
Monetary Economics. Kish-Goodling states that Shakespeare: “articulated their
dialogue with ‘verbal usury’… as an illegal or unnatural use of words in puns and
flattery” (Kish-Goodling, 1998). It was Shakespeare’s masterful use of writing
which contributed to the way in which the audience views the situation between
Antonio and Shylock. The play on words is something the modern audience may
find difficult to understand; however, to an audience involved with the disparities
and racial tensions intertwined within their society, this play served as pure bliss, as
Shakespeare seemingly plays with the interpretation and application of the laws.
The main concern of the present-day Shakespearean audience is whether or
not justice is present within the interpretation and application of the law throughout
the text. An important concept to take hold of is the reason why both Antonio and
Shylock dislike each other. In Usury in The Merchant of Venice, Draper states that
“The conflict between Shylock and Antonio is not so much a matter of religion but
rather mercantile ideals” (Draper, 1935). This proves to be true as Shylock steps
aside and states: “I hate him for he is a Christian, / but more for that in low
simplicity/ He lends out money gratis and brings down/ The rate of usance here with
us in Venice (The Merchant of Venice, 1.3.42-45). Although religion plays a role in
the racial disparities present within their society, the case here seems to be the role
of usury. Shylock states that Antonio does so in low simplicity or in a humble
foolishness that takes away from the business of the Jewish money lenders. The
question would then be asked whether or not Antonio lends out his money with low
simplicity or perhaps with the intention of creating poor business revenue for the
Jewish money lenders through his acts of lending money out without requiring any
interest.
In Alscher’s, "I would be friends with you..." staging directions for a
balanced resolution to The Merchant of Venice trial scene, he states “the Jew was the
social and racial victim, not the bloodthirsty aggressor in Act I. If he was potting
vengeance from his first appearance (‘I hate him for he is a Christian…’), Antonio
was perceived as having deserved the animosity” (Alscher, 1993). The hero-villain
relationship plays strongly into how the society constructs and molds the law around
a situation such as the forfeiture of a bond. Since Shylock was the subject of abuse,
many readers find it to be just or maybe even fitting that a person with such disdain
towards other races, as Antonio demonstrates, would fall victim to his own actions.
This idea of falling victim to our own behavior is exemplified to a certain extent
when Antonio states to Shylock “If thou wilt lend this money, lend it not/ as to thy
friends…But lend it rather to thine enemy,/ Who if he break, thou mayst with better
face/ Exact the penalty” (The Merchant of Venice,1.3.142-147). Antonio gives
Shylock the opportunity to treat him as an enemy rather than a friend which is
inevitably how both individuals view one another. The fact that Antonio gives up his
liberty, in the case that his bond is forfeited, lends credibility to the possible injustice
experienced by Shylock later in the trial.
The trial concerning the forfeiture of the bond becomes a scene of primary
interest due to the levels of “trickery” involved. The term trickery is used due to the
manipulation of the law which many people tend to feel is all the more present in
this scene. It is important to keep in mind that Venice had two separate court
systems: The Court of Common law and The Court of Equity. The Court of
Common law is important within The Merchant of Venice since it follows a strict
construction. This meant that all laws were to be read literally, without the loose
interpretation that is often allowed in democratic countries today. Shylock states that
he simply wants “to have the due and forfeit of my bond. / If you deny it, let the
danger light/ Upon your charter and your city’s freedom!” (The Merchant of Venice,
4.1.38-40). These lines place an emphasis on the injustice that is soon to be present
and connects to other works regarding injustice, such as Plato’s Crito. However,
manipulation presents itself as Portia, disguised as Balthazar, states: “The quality of
mercy is not strained… It blesseth him that gives and him that takes” (The Merchant
of Venice, 4.1.190-193). Portia is able to influence the audience into believing that
Shylock is out more or less to seek vengeance. This sets the table for Portia’s
reading or manipulation of the contracted bond in which she states: “This bond doth
give thee here no jot of blood” (The Merchant of Venice, 4.1.319). This is seen to be
trickery and manipulation by many readers since one must expect there to be blood
when cutting “a pound of flesh” from a person. Also the fact that Portia is disguised
as a male lends credibility to the concept of trickery throughout this scene as it

illustrates the fact that knowledge of women was suppressed within this society.
This scene is vital to the interpretation and application of the law and demonstrates
that there was possibly an injustice displayed throughout the trial.
“The Merchant of Venice has long been considered the most problematic of
Shakespeare’s romantic comedies” (Hinely, 1980). In Bond Priorities in The
Merchant of Venice, Hinely states, “the play is usually treated in terms of period,
sources, genre, or allegory” (Hinely, 1980). Placing the same focus on The
Merchant of Venice in relation to the justice and morality presented in the case of
Antonio’s and Shylock’s bond and isolating this particular incident from the rest of
the text allow for fresh interpretation and application of the law.
REFERENCES
Shakespeare, W. (1992). The merchant of venice. New York, N.Y.: Washington
Square Press, published by Pocket Books.
Draper, J.W. (1935). Usury in the merchant of venice. Modern Philology, 33(1), 37-
47.
Hinely, J.L. (1980). Bond priorities in the merchant of venice. Studies in English
Literature, 1500-1900, 20(2), 217-239.
Alscher, P.J. (1993). "I would be friends with you..." staging directions for a
balanced resolution to the merchant of venice trial scene. Cardozo Studies in
Law and Literature, 5(1), 1-33.
Kish-Goodling, D.M. (1998). Using the merchant of venice in teaching monetary
economics. The Journal of Economic Education "The Merchant of Venice"
in Teaching Monetary Economics, 29(4), 330-339.
"Government 319
THE WAGE GAP AS A RESULT OF
GENDER DISCRIMINATION
____________________
YULIA GRACHEVA

A GENDER WAGE GAP IS A SOCIO-ECONOMIC PHENOMENON that manifests itself
as a continuous disparity between the incomes of men and women. The wage gap
represents an apparent sign of inequality inherent in the fabric of our society.
Nowadays, almost fifty years after the enactment of the Equal Pay Act and Title VII
of the 1964 Civil Rights Act, a woman still makes only 79 cents per man’s dollar
(Maloney, 2008, p. 5). Moreover, for women of color and ethnic minorities, earnings
are even lower in comparison with the incomes of men (Murphy, 2006, p. 6). The
wage gap is amazingly persistent and does not disappear over time as many
predicted in 1964 with the enactment of equal-pay policies. Indeed, as the US
Congresswoman Carolyn Maloney (2008, p.3) states, the wage gap does not only
remain present, it actually widens over time despite the enactment of multiple equal-
pay regulations. Such observations supported by the findings of numerous studies
show that the wage gap tends to be extremely resistant to elimination. It is
interesting that despite the apparent consensus on the presence of the wage gap
problem, no commonly accepted explanation of its persistence exists. In this paper I
___________________________________________________
The Assignment and the Writer: For Government 319, Gender and Law, students are asked to write
a 6‐8 page research paper in which they extend their examination of a topic studied in the course that
is of particular interest to them. Yulia Gracheva's paper on gender discrimination and employment
explains the pay gap between men's and women's earnings, using academic studies and government
statistics to illustrate the concept. Ms. Gracheva considers multiple explanations for why this pay gap
exists and concludes that it is the result of gender discrimination. Ms. Gracheva clearly outlines her
argument and supports that argument with references to contemporary studies, public policy, news
articles, and feminist theory. – Professor Erin Ackerman
argue that the persistent wage disparity in contemporary society results from gender
discrimination in the workplace, which can manifest itself in dozens of various
forms from sexual harassment to occupational segregation.
The wage gap can by no means be considered a recent phenomenon. From
the time of the Industrial Revolution, which integrated women into the job market,
females lacked access to well-paid positions and could earn only a fraction of males’
incomes (Baer & Goldstein, 2006, p. 139). It was not until 1963 that the federal
authorities paid attention to the problem of the drastic gender wage disparity. The
Equal Pay Act enacted by Congress in 1963 prohibited wage discrimination based
on sex and required employers to pay equal wages for “equal work on jobs the
performance of which requires equal skill, effort, and responsibility, and which are
performed under similar working conditions” (EEOC). This law in conjunction with
the subsequently enacted Title VII of the Civil Rights Act of 1964 prohibiting
discrimination against individuals on the basis of their “race, color, religion, sex, or
national origin” became invaluable tools for women fighting for workplace gender
equality. Yet, contrary to women’s optimistic expectations, the gender economic
disparity did not disappear as a result of positive legal changes. Moreover, as
Maloney notes (2008, p.2), even the increased flow of women into colleges and
traditional white collar occupations did not challenge the balance of income
distribution between men and women. Indeed, considering the fact that women earn
about 60% of the college degrees in contemporary America (Winslow-Bowe, 2009),
their inferior economic
standing seems almost Indeed, if a woman works part-time or uses
illogical. unpaid leave time in order to fulfill her child-
Statistical data caring responsibilities, she not only loses a
collected by researcher E. fraction of her per-hour wage, but also
Murphy shows that the gambles the possibility of her future
average woman earns promotion and career development.
about 72 to 77 cents per
every dollar earned by her male colleague. The disparity was found to be equally
present in blue-collar and white-collar occupations (2006, p. 25). Thus, despite
career choices and skills, women generally lose a significant chunk of their income
as a tribute to their gender. Moreover, the statistical evidence provided by Maloney
shows that the gender income gap continues to grow overtime. The Congresswoman
states that female managers in 2000 made 0.7% less than in 1983 (p.5). While only
five out of the ten largest domestic industries held the number of female managers
proportionate to the overall representation of women in this organization (Maloney,
2008, p.3), the women working for the remaining five industrial giants lacked equal
access to the positions offering better wages and career opportunities. The other set
of data revealed by the Bureau of Labor Statistics shows that the wage gap “in ten
professional occupations that pay women the best… ranges from 9.5 percent for
pharmacists to 37.6 percent for physicians (Hassaramiri & Kleiner, 2003).
Therefore, it seems obvious that the wage gap is a problem applicable to all women
regardless of their educational status and area of occupation.
While the existence of the wage gap is a fact well recognized by scholars
and politicians, multiple explanations exist regarding the reasons of this phenom-
enon. Some of wage gap researchers (D. Furchtgott – Roth, C. Stolba, 1999) claim
that the sources of the persistent disparity between males’ and females’ earnings
reside in the voluntary choices of women who often prefer flexible schedules and
low pressure works to the jobs requiring greater responsibility and long working
hours. This approach points at women’s appreciation of motherhood and child
rearing as major factors barring females from active involvement in career matters.
Indeed, if a woman works part-time or uses unpaid leave time in order to fulfill her
child-caring responsibilities, she not only loses a fraction of her per-hour wage, but
also gambles the possibility of her future promotion and career development.
While the “woman’s choice” hypothesis certainly applies to the experiences
of many working mothers, it fails to provide explanation for those women who show
dedication towards their work and still obtain cropped paychecks every month. The
findings of the study performed by the Government Accountability Office reveal
that even after accounting for various factors that may affect females’ professional
performance, such as child rearing responsibilities and maternity leaves, it is
difficult “to explain the difference in earnings between men and women” (Maloney,
2008, p. 4). Such data undermine the assumption that the reasons for women’s
economic misfortunes reside in their own choices. The authors of the study’s report
specifically underline that the discrepancy in earnings between male and female
employees may be a result of “free choice decisions” as well as a consequence of
“discrimination or other factors” affecting sexes disproportionately (GAO, 2003).
While the discrepancy resulting from personal preferences does not hinder gender
equality, the possible effects of discrimination certainly represent a significant threat
to the status of women as equal members of society.
Researchers Hassramiri and Kleiner estimate that approximately one half of
the pay disparity directly results from sex discrimination (2003). It is important to
remember, however, that the phrase “sex discrimination” is somewhat
overwhelming and may embrace a great variety of issues, from sexual harassment
and direct assaults to hidden hostility influencing hiring and promotion decisions.
Murphy explains that sexual discrimination may wear thousands of masks, but in
every particular instance it inevitably reaches into the woman’s pocket and takes
away a significant portion of her earnings (2006). Sexual harassment creates “hostile
job environment that drives women out of jobs” (Maloney, p. 31), occupational
segregation secludes women in low-paid occupations of pink ghettos and bars them
from competition for better paying positions, while managerial decisions deny
valuable promotions to females having children. These examples of gender
discrimination keep the wage gap persistent and resistant to changes.
According to Supreme Court Justice Sandra Day O’Connor’s opinion in
Harris v. Forklift Systems, Inc., sexual harassment in the workspace represents a
serious threat to “psychological wellbeing,” which “can and often will detract from
employees’ job performance, discourage employees from remaining on the job, or
keep them from advancing in their careers” (Baer & Goldstein, 2006, p. 158). This
description of sexual harassment perfectly explains that the effects of sexual
harassment on the victim’s professional success may be detrimental. When a woman
is harassed, her ability to perform job tasks decreases and she may easily become a
target of managerial critique and a potential candidate for firing. In some situations,
the woman facing sexual harassment may choose to quit the job in order to escape a
hostile work environment. Remarkably, only five to fifteen percent of women who
face sexual harassment choose to seek remedy in litigation (Sexual Harassment
Support, 2009). It means that the predominant majority of female victims of
harassment remains silent and continues to suffer from both economic and
administrative injustice.
Murphy stresses that women in blue-collar occupations are the most
common victims of sexual harassment. Young females working for restaurants and
car dealerships are absolute champions in obtaining undesired personal attention
from male coworkers. These women’s wages “well depend on their ability to get
along with… men,” who are their employers, supervisors or other colleagues with
seniority status (Murphy, 2006, p. 109). Therefore, from the very moment of
involvement into the job market, thousands of women face the threat of insulting
economic dependency from male colleagues offering them financial benefits for
sexual favors. Step by step unpunished harassing actions lower women’s self-esteem
and make them unable to fight economic injustice.
Occupational segregation represents another threat to females’ financial
success. Kmec states that the “employment of women and men in different
occupations is more
than a pattern of
Employees holding traditional pink-collar
physical separation of
positions and receiving lower wages than men
the sexes at work,” but
“one of the major with comparable sets of required skills still
contributing factors to lack the ability to sue their employers on the
economic sex in- basis of gender discrimination
equality” (Kmec,
2005). Occupational
segregation is based on traditional association of certain jobs with gender. For
example, nowadays, almost as much as in the 1960s, the predominant majority of
librarians, receptionists, secretaries, and elementary school teachers are women,
while males are typically overrepresented in such occupations as engineering,
firefighting, or construction operations (Murphy, 2006, p. 146). Since traditional
male positions “offer higher pay, provide more benefits, greater promotion
opportunities, and a broader scope of authority than equally skilled female-
dominated occupations” (Kmec, 2005), the division of labor into gender ghettos
becomes an important source of economic injustice.
While the illegality of unequal pay for equal work was established by the
Equal Pay Act of 1963, the issue of economic discrimination against whole
occupations remains unsolved under this and subsequent legislations dealing with
gender equality issues (O’Neill, 1993). Thus, employees holding traditional pink-
collar positions and receiving lower wages than men with comparable sets of
required skills still lack the ability to sue their employers on the basis of gender
discrimination.
Baer and Goldstein note that women attempted to challenge economic
disparity between male and female dominated occupations through the introduction
of the “comparable worth” idea suggesting that jobs requiring equal “effort, skill,
responsibility, and working conditions” must provide equal wages. (2006, p. 141).
The principle of “comparable worth” was invented specifically to fight the practice
of wage discrimination in cases unforeseen by Title VII of the Civil Rights act of
1964 and the Equal Pay Act of 1963. The critics of the comparable worth idea,
however, pointed at the complexity of the job evaluation procedure and its
dependence on subjective judgment in questions of comparing dissimilar types of
occupations. Partially due to the high measure of subjectivity present in job
evaluation decisions, partially because of convincing arguments of free-market
proponents advocating governmental non-intervention into private matters of wages,
the courts showed little support to the principle of comparable worth (O’Neill,
1993). Without judicial support, the comparable worth advocacy for the
establishment of general principles in assigning just wages for male and female-
dominated occupations was largely unsuccessful. Although several local
governments and the state of Minnesota passed legislations establishing comparable
worth principles as a guiding rule in its wage policies, in the majority of American
states traditional female occupations still remain the lowest-paid positions on the job
market (Murphy, p.147).
While women apparently lag behind men in their earnings, they typically
have more expenses. For example, according to New York Times reporter R. Pear,
women typically pay more for their health insurance plans (Pear, 2008).
Additionally, nearly 30 million of single mothers are solely responsible for the
spending associated with the upbringing of their children (Murphy, 2006, p. 29).
Apparently, heightened spending responsibilities combined with reduced wages
transform the lives of millions of women into a constant fight for economic survival.
Today, decades after the enactment of Title VII of the Civil Rights Act of
1964 and the Equal Pay Act of 1963, females still fight for equality in the
workplace. Fortunately, some of the most recent gender equality campaigns were
successful in combating occupational discrimination. One of such campaigns
culminated in the enactment of the Lilly Ledbetter Act of 2009 that extended the
allowable period for filing gender discrimination complaints prescribed by Title VII.
This legislation bestowed many women’s rights advocates with hope for “further
improvements and expansion to our nation's civil rights laws” (Grossman, 2009).
Step by step, through litigation, lobbying, and legislative process, organizations
fighting for women’s rights hope to mitigate the negative effects of discrimination. It
is, however, important to remember that the eradication of the wage gap problem
needs great levels of female cooperation and women’s desire to take action instead
of remaining silent in response to injustice.
The wage gap represents a complex socio-economic phenomenon resulting
primarily from discriminatory practices permitted or initiated by employers. Sexual
harassment, biased promotion policies, and occupational segregation certainly serve
as major factors contributing to the overwhelming disparity between the earnings of
men and women. Strict implementation of anti-discriminatory policies in
conjunction with legislative action based on the comparable worth principle can help
to reduce the wage gap and ensure that a woman of the twenty first century is an
equal member of society freed from the bondage of financial dependency and the
insulting inferiority complex.
REFERENCES
Baer, J. A., Goldstein, L.F. (2006). The constitutional and legal rights of women.
Cases in law and social change (3rd ed.). Los Angeles: Roxbury Publishing
Company.
Furchtgott – Roth, D., Stolba, C. (1999). The feminist dilemma: when success is not
enough. Retrieved November 30, 2009, from Google books web site.
Government Accountability Office (2003). Women’s earnings: Work patterns
partially explain difference between men’s and women’s earnings. Retrieved
November 30, 2009, from the GAO web site:
http://www.gao.gov/new.items/d0435.pdf
Grossmann, J. (2009, February 13). The Lilly Ledbetter Fair Pay Act of 2009.
Retrieved November 30, 2009, from
http://writ.news.findlaw.com/grossman/20090213.html
Hessaramiri, H., Kleiner, B. H. (2001). Explaining the pay disparity between women
and men in similar jobs. International Journal of Sociology and Social
Policy, 21 (8/9/10), 37-52. Retrieved November 30, 2009, from SocINDEX
EbscoHost database.
Kmec, J. (2005). Setting occupational sex segregation in motion: Demand-size
explanations of sex traditional employment. Work and Occupations, 32,
322-354. doi: 10.1177/0730888405277703
Maloney, C. (2008). Rumors of our success have been greatly exaggerated: Why
women’s lives aren’t getting any easier and how to make progress for
ourselves and our daughters. New York: Rodale Inc.
Murphy, E. (2006). Getting even: Why women don’t get paid like men and what to
do about it. New York: Touchstone.
O'Neill, J. E. (1993). Comparable Worth. The Concise Encyclopedia of Economics.
Retrieved November 27, 2009, from:
http://www.econlib.org/library/Enc1/ComparableWorth.html
Pear, R. (2008, October 29). Women buying health policies pay a penalty. The New
York Times. Retrieved November 30, 2009, from http://www.nytimes.
com/2008/10/30/us/30insure.html?pagewanted=2&_r=2&em
Sexual Harassment Support (n.d.). Sexual harassment in the workspace. Retrieved
November 30, 2009, from
http://www.sexualharassmentsupport.org/SHworkplace.html
Winslow-Bowe, S. (2009). Husbands’ and Wives’ Relative Earnings Exploring
Variation by race, Human Capital, Labor Supply, and Life Stage. Journal of
Family Issues, 30 (10), 1405-1432. Retrieved November 30, 2009, from
Sage database.
U. S. Equal Employment Opportunity Commission (n.d). Equal Pay Act of 1963.
Retrieved November 30, 2009, from
http://www.eeoc.gov/laws/statutes/epa.cfm
"English 316
HOME SCHOOLING: A
MISUNDERSTOOD PHENOMENON
____________________
JAMIE BRIDGEWATER

DURING THE LATE 1960S AND 1970S, there emerged for the first time in the United
States a political movement that adopted home schooling as an attempt to assess
critically the public education system. The skepticism toward schools and other
institutions was inspired by the conflict that resulted from the Civil Rights
Movement and the Vietnam War (Gaither, 2009, p. 11). During this time, educator
John Holt and educational researcher Raymond S. Moore helped to alter drastically
Americans’ perceptions of child-directed learning (Cox, 2003, p. 35). By the early
1980s, the home-schooling movement gained even more momentum with its
increased acceptance among Christian families. Within this movement, there also
formed a number of state and local networks in an attempt to fight court battles,
lobby for favorable legislation, and share educational resources. One of the most
___________________________________________________
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. Bridgewater’s argument traces
the emergence of home schooling in the United States and proposes that home schooling provides a
better means of learning and growth than does public schooling. Examining carefully the
opposition’s stance, Bridgewater refutes it and then analyzes the evidence in favor of home
schooling, pointing out that, in light of those benefits, we can expect a growth in home schooling,
with an increasing number of parents availing themselves of that option. – Professor Livia Katz
notable events occurred in 1983 when the Department of Education released “A

Nation at Risk,” a derisive critique of public education (Cox, 2003, p. 35). The
critique only confirmed the initial suspicions that home schoolers had. Later that
same year, Washington state attorney Michael Farris formed the Home School Legal
Defense Association (HSLDA), which soon advocated ground-breaking changes on
behalf of home schoolers (Cox, 2003, p. 39). One such change occurred in 1999
when Patrick Henry College, a Christian-oriented school, began serving home
schoolers. However, home schooling received considerable attention again in 2000
when home schoolers won the top three places in Scripps Howard National Spelling
Bee. After ground-breaking events such as these, there was wide-spread interest in
the idea of home schooling. What has happened since the late 1960s until the present
is a shift in perceptions of American education policy. Once the public education
system came under scrutiny, parents began to complain that the system had failed
their children in many ways, and they began to seek alternatives. Like so many
parents of the past who recognized the value of home schooling, parents today are
recognizing that home schooling provides a much better environment for
development and learning than public schooling.
That, in any case, is the stance that home schoolers take on this issue. The
public school system, on the other hand, would not only object strenuously but also
criticize home schooling as a poor means for children to develop socially. According
to the CQ Researcher, public schools assert that their greatest concern is for children
to actually learn and develop into adults capable of independent functioning (Cox,
2003, p. 29). In addition, public schools also aim to “teach citizens how to
knowledgably participate in a democratic society” (pp. 33-34). However, with the
robust growth of home schooling, public schools are concerned that home-schooled
children are socially inferior. Critics argue that schooling children at home impedes
socialization because “home-schooled kids don’t learn to get along with their peers
in group settings, nor are they exposed to children and adults from different
backgrounds” (Cox, 2003, p. 28). They warn that a lack of adequate socialization not
only robs these children of vital social contact but also leads to the development of
adults who are incapable of contributing fully to society. These children may later
have difficulty adjusting socially to the college environment. According to public
schools, home-schooled children may suffer from unmet needs, which can later have
adverse effects on their development. Public schools then believe that only in a
school setting attended by people from other families and backgrounds can students
acquire “a broad[er] view of the real world” and avoid “the sheltered existence”
associated with home schooling (Bolle et al., 2007, p. 639). Advocates of home
schooling take exactly the opposite position. They say that it is actually the public
school environment that stifles “children’s individuality, harm their self-esteem,”
and make the children “dependent, insecure or even antisocial” (Glanzer, 2008, p.
14). They also argue that because public schools are places where “peer interactions
are often too hostile, derisive, or manipulative” that these places are unlikely to
foster “any kind of rewarding and supportive relationships” for “healthy personal
and moral development” (p. 14). Seventy percent of parents cite “concern about the
local school environment” as their main reason for home schooling (Gaither, 2009,
p. 12; Willingham, 2008, p. 59). Parents conclude that their decision to home school
has helped their children to develop a good self-esteem. In fact, they say that their
children are likely to display fewer behavior problems, have better leadership skills,
and are more socially mature when compared to other children. Accordingly, their
children appear to be functioning effectively as members of the adult society
(Glanzer, 2008, pp. 13-14).
There are numerous misconceptions about the structure and benefits of
home schooling; however, the immense opportunity that this schooling environment
offers should not be disregarded. First, home schooling affords a plethora of
opportunities for socialization and exposure to diverse groups. These families
typically connect with one another at the community level with home school support
groups, which include informal play groups, scouting programs, learning
cooperatives, and community volunteer efforts (Willingham, 2008, p. 60). These
families tap into each other’s skills and expertise, regularly taking turns teaching
classes. They organize field trips, apprenticeships, and specially-designed studies,
which are conducted in many different places (p. 60). They may also create their
own choirs, bowling groups, debate teams, yearly musicals, and cap-and-gown
graduations (Gaither, 2009, p. 16). Home school groups and home schoolers in
“clubs like 4-H and Camp Fire USA, will often meet at larger libraries” and are able
to “use library meet-
ing rooms during
If public schools claim to be offering diversity, public school hours,
home schooling families are not buying into it. when the rooms are
These families are exposed to a wider range of available and unused
methods that guarantee a more positive by others” (Willing-
influence on their children’s social development ham, 2008, p. 61).
than any public school can offer. Many of them also
participate in local
public school pro-
grams part-time to enjoy sports or music programs or to take a particular class.
However, when home school groups meet, some-thing extraordinary unfolds: “the
older children [begin] working with the younger ones” (p. 60). As a result, these
children tend to develop “better relationships with [their] siblings and parents” and
experience more “opportunities for interaction with different ages” (Bolle et al.,
2007, p. 639). They are then more likely to form friendships with various ages and
genders and have better relationships with adults. Additionally, because the growth
in home schooling has extended into other ethnic and religious groups, home school
support groups now serve as exceptionally diverse social networks. Pam Sorooshian,
a parent from a Southern California group, had this to say about her experience with
her home school support group:
My home schooling group includes Moslem, Jewish, Quaker, Baptist,

Messianic Jews, Pagan, Baha’i, atheist, agnostic, Catholic, unity,
evangelicals, other Protestant denominations, and probably more. We
have African Americans, Latinos, Asians, Middle Easterners, and
other minorities. We have stay-at-home dads and single mothers. We
are FAR more diverse than the neighborhood school I pulled my

oldest child out of 10 years ago. (Gaither, 2009, pp. 13-14)
If public schools claim to be offering diversity, home schooling families are not
buying into it. These families are exposed to a wider range of methods that
guarantee a more positive influence on their children’s social development than any
public school can offer. Parents argue that they have been successful at helping their
children form an identity, and gain a greater “sense of place, confidence, and self-
esteem” (Glanzer, 2008, pp. 10-12).
Second, home schooling prepares students to be socially successful in
college. One of the main goals of any form of high school education is to prepare
students for college, and home schooling has excelled in this respect. According to
the CQ Researcher, “home schooled students are above average in their social and
psychological well being,” are “involved in sports and community activities,
perform well in college and leadership activities,” and tend to be “independent and
critical thinkers who are gainfully employed” (Cox, 2003, p. 41; Bolle et al., 2007,
p. 639). Moreover, colleges praise their home-schooled applicants. For example,
Joyce Reed, Brown University’s dean, says that “these kids are the epitome of
Brown students. They’ve learned to be self directed, take risks, face challenges with
total fervor, and they don’t back off (Bolle et al., 2007, p. 639). Echoing her
sentiments, Ken Huus, associate dean of admissions at Indiana’s Earlham College,
says that “they represent themselves extremely well in personal interviews, tend to
be very well read and tend to excel in our learning environment” (Cox, 2003, p. 39).
Although Bolle et al. (2007) documented that home schooled students may
experience “some difficulty connecting with their peers,” they also found that these
students tend to exhibit “great skill in relating to individuals of all ages” (p. 640).
These students believe that they are “less influenced by peer pressure” and have a
“higher level of self-esteem compared to traditionally educated students” (p. 640).
Overall, the concerns that public schools have regarding the socialization of home
schoolers are unfounded. These students not only develop in and around a rich social
environment but also assimilate well into the social environment of college.
The most logical argument is clearly that home schooling guarantees
academic excellence, especially when compared to the results of public schools.
Willingham (2008) documents that “home schoolers typically outperform their
public school peers in standardized tests and are being accepted into colleges and
universities in record numbers” (p. 62). In fact, one of the top three reasons why
parents decide to home school their children is due to dissatisfaction with academic
instruction in public schools (Bolle et al., 2007, p. 638; Cox, 2003, pp. 37 & 28;
Gaither, 2009, p. 12; Willingham, 2008, p. 59). However, it is the documentation of
home schoolers’ outstanding academic performance that speaks volumes. For
example, in 2000, home schooler Jeff Joyce scored “a perfect 1600 on the College
Board’s Scholastic Assessment Test (SAT)… a feat only accomplished by less than
0.5 percent of the students who take the test each year” (Cox, 2003, p. 28). That
same year, “home schoolers won four of the top ten spots at the National Geographic
Society’s geography bee” (p. 28). Jennifer James, founder of the National African-
American Homeschoolers Alliance, learned of home schooling by watching spelling
and geography bees (Gaither, 2009, p. 13). She argues that the persistent
achievement gap experienced by black children, in particular, is due to their poor
performance in traditional schools. Parents constantly seek out alternatives.
According to Education Next, Will Smith and Jada Pinkett Smith decided to home
school their children because they saw the school system, both private and public, as
“designed for the industrial age” (Gaither, 2009, p. 11). They believe that because
society is becoming technologically advanced, they want their children to learn, not
memorize. Moreover, other studies indicate that “home schooled students typically
have performed 15 to 30 percentile points higher than that of public school students
on achievement tests” (Bolle et al., 2007, p. 640). Also, in 2001, “the average ACT
score and college GPA of home schooled students were 25.6 and 3.43, respectively,
whereas the average ACT score and college GPA of traditionally educated students
were 23.4 and 3.07, respectively” (p. 640). These findings prove that home schooled
students routinely outperform their public school counterparts in scholastic
achievement.
Needless to say, parents are searching for the best and most promising
alternative for their children: high-quality education and the best possible
educational experience. They want their children to become academically adept, and
home schooling is an option that has not failed them. The success of home schooling
has a lot to do with its operating principle: academic progress. The underlying
philosophy is “better late than early” (Willingham, 2008, pp. 60-61). These students
are not forced into learning because “early achievement is not as desirable as
academic readiness” (p. 61). By allowing children to learn at an adjustable pace,
home schooling guarantees success. This guiding principle has made all the
difference in cultivating high achievers. Marilyn Newborn, the mother of five home-
schooled children, says that her children’s transition “from home-schooling high
school to college was just a continuation, and not a paradigm shift, like it [has been]
for so many institutionalized high-school students” (Cox, 2003, p. 39). As these
findings indicate, home schooling is essentially a growing success story because
parents, students, and universities are ultimately pleased with its outcomes.
As studies continue to document the advantages of home schooling, we can
only expect to see a growth in this phenomenon. Many Americans now view home
schooling as a reasonable and realistic option and, according to the CQ Researcher,
“advocates predict [that] the home schooling population will continue growing…in
absolute numbers and percentage of population” (Cox, 2003, p. 43). Thirty years
ago, only a few children were being home schooled; by 1991, the Department of
Education estimated that “300,000 school-aged children were being educated at
home”; and as recent as 2001, “the number of home schooled children ha[d] nearly
tripled in just ten years” (Cox, 2003, p. 28). The main reasons that parents cite for
home schooling are profound and unwavering. They are determined to provide for
the special needs of their children, create a safe learning environment, maintain their
family ties, and transmit certain values and beliefs to their children. As the public
school system continues to fail the nation’s children, more and more parents will
continue to take charge of their children’s education. Consequently, home schooling
is more likely to influence the practices and curriculum of public schools (Cox,
2003, p.33; Gaither, 2009, p. 18). This kind of influence may, in fact, be in the best
interest of the community, if public schools are to have a reputable place in

American society. The controversy, then, rests not in the outcome of education but
the methods used to educate.
REFERENCES
Bolle, M. B., Wessel, R. D., & Mulvihill, T. M. (2007, November/December).
Transitional experiences of first-year college students who were
homeschooled. Journal of College Student Development, 48(6), 637-654.
Retrieved November 3, 2009, from Education Index Retro database.
Cox, R. S. (2003, January 17). Home schooling debate. CQ Researcher, 13, 25-48.
Retrieved November 3, 2009, from CQ Researcher database.
Gaither, M. (2009, Winter). Home schooling goes mainstream. Education Next, 9(1),
10-18. Retrieved November 3, 2009, from Education Index Retro database.
Glanzer, P. L. (2008, February). Rethinking the boundaries and burdens of parental
authority over education: A response to Rob Reich’s case study of
homeschooling. Educational Theory, 58(1), 1-16. Retrieved November 3,
2009, from EBSCOhost Academic Search Complete database.
Willingham, T. (2008, September/October). Libraries and homeschoolers: Our
shared common ground. Knowledge Quest, 37(1), 58-63. Retrieved
November 3, 2009, from Education Full Text database.

"Humanities and Justice Studies 316

The “Black Brute”:
Interracial Rape in the
Nineteenth-Century
South: A Proposal
____________________
ABIGAIL CAMPBELL
ON THE EVENING OF APRIL 19, 1989 an anonymous man brutally raped and
battered a white woman in her early thirties as she jogged in the infamous Central
Park in New York City. That same night New York City police officers arrested six
black, young teenage boys who they claimed witnesses saw ‘wilding’ in the park
that evening. For 14 to 20 hours, police investigators interrogated the six boys:
Kharey Wise, age 18; Kevin Richardson, age16; Anton McCoy, age 16; Raymond
Santana, age 15 and Yusef Salaam, age 16. And on December 12, 1990, the long
succession of trials began against these young men for the rape and attempted
murder of the white woman (whose identity the New York Justice Department still
holds secret because of rape case protocol). Juries found five of the young men
guilty of sexual assault, attempted murder or cohorts in sexual assault and rape
based upon video-taped and written confession each had made during interrogation.
___________________________________________________
The Assignment and the Writer: During HJS 315, Research Methods in Humanities and Justice
Studies, students rehearse the research and writing strategies that they will need to complete their
culminating justice studies thesis. In a series of interrelated reading, writing, and research tasks,
students choose a focused topic, investigate the discourse of that subject, and prepare an annotated
bibliography, a time line, a glossary of terms, a group of illustrative images, and a descriptive
proposal of their research project. As a result, students should gain a sense of accomplishment about
the labor that scholarly inquiry entails. Abigail Campbell’s exemplary proposal exhibits the type of in‐
depth research, intellectual curiosity, and rhetorical sensitivity that an invested writer must labor to
craft such a document. – Professor Mark McBeth
The juries made their guilty decisions based upon the seemingly accurate and
detailed accounts the boys gave of how they raped and battered the young woman.
However, apart from their ‘confessions,’ the police and the prosecution could show
no other evidence tying the six men to the crime. The DNA remnants found on the
boys and the victim proved ‘inconclusive,’ aside from a strand of hair belonging to
the victim that investigators found on the pants of Kevin Richardson. But because
investigators could find no hard proof that any of the boys raped the victim, the
juries on their cases could not find any of them responsible for the act of rape.
On September 12, 1990, Justice Thomas B. Galligan, who presided over
the case against Anton McCoy, Yusef Salaam and Steven Lopez, gave all three boys
sentences of 5 to 10 years and voiced his disappointment in the boys for relating “no
sense of remorse” because throughout their trial all three denied that they had any
participation in the attack of the victim. The jury deliberating in Wise’s case found
him guilty of sexual assault and the judge presiding over his case sentenced him to
15 years in state prison. The ‘evidence’ given by the boys against themselves
convinced everyone, except the families of the defendants that the six boys had
received due justice. However nearly 13 years later, in June of 2002, after all but
Wise had completed their sentences, a convicted rapist and murderer named Matias
Reyes confessed that he alone had raped and beaten the women that years before
juries had found the six boys guilty of attacking. Despite the DNA evidence that
connected Reyes to the crime, namely his sperm that investigators found on the sock
of the victim and his very detailed account of the crime, police officers and others
refused to believe that the six boys had played no part in the crime. In the earlier
trials the lawyers of the defendants plead that police officers had coerced and
directed the 5 boys towards the desired confessions that they gave. Yet the judges
and juries did not take these accusations seriously and the police force refused to
investigate this accusation against its investigators.
In an article in The New York Times, Saul Kassin describes the faults of
the case. Reopening of the Central Park Rapist case showed that the only strand of
DNA evidence that the prosecution initially cited: the hair found on Richardson’s
pants, did not belong to the victim as the police and prosecution had claimed. Thus it
seems that the police fabricated the only ‘evidence’ that tied the boys to the crime.
And in the case of the confessions, it seems that the New York police officers in the
investigation room did in fact coerce them out of the young men. Kassin, a professor
of psychology and the chairman of Legal Studies at Williams College illustrates the
contradictions in some of the boy’s statements saying that:
The narratives are filled with inconsistencies, contradictions and errors. For
example, Kharey Wise said that the jogger’s head injuries were the result of
being punched; after prompting he said the injuries were cause by a rock;
moments later, the rock turned to bricks. Mr. Wise said he was with a friend
named Al; suddenly Al vanished and was replaced by an Eddie. In addition
there were inconsistencies from one account to the next. Mr. Wise and
Kevin Richardson were taken to the park and separately asked to point to the
attach site, and they pointed in different directions.
What Kassin describes in his article starkly contradicts the iron-cladness of the
confessions given by the boys. The earlier articles outlining the case cite the
confessions as the primary evidence that the six boys attacked and sexually assaulted
the jogger, but from the quote above one can see the evident uncertainty and flaws
within the supposed confessions. And though Kassin does not propose that
inconsistence in a confession proves innocence he does explain that it does not prove
guilt either. The police force and the prosecution conducted a half-hearted and
biased investigation. They created ‘evidence’, because they did not provide the jury
with the entire story (investigators
only submitted a portion of the
This case, widely known as the interrogation as evidence), and the
Central Park Rapist case, proves police especially, seemed not to care
devastating to all the victims, about justice but appeasing frightened
including the young boys who New York women with a scapegoat
were accused of the crime and the for a horrendous crime. Conse-
young woman who barely escaped quently, in 2002, after an 11 month
with her life. reexamination of the trial and all the
evidence, ....Manhattan....’s district
attorney, Robert M. Morgenthau
submitted a report to the State Supreme Court on new evidence “presage[ing] a
reversal of con-victions early next year,” and in a hearing on February 6, 2003
Morgenthau dismissed all convictions against the six men.
This case, widely known as the Central Park Rapist case, proves
devastating to all the victims, including the young boys who were accused of the
crime and the young woman who barely escaped with her life. But beyond ‘bad’
police work one must wonder how something like this could happen, the accusation
and prosecution of six boys for a crime they evidently did not commit. My answer to
this question lies in what historians and other authors call the ‘black brute’ or ‘black
rapist’ myth. The Central Park Rapist Case represents a history of legal racism, in
which white Americans and the American legal system depict and accuse black men
of horrendous cases of rape against white women that many of them did not commit.
Perhaps the police suspected the six because they had also participated in wilding
while in the park that same evening, (the verbal and physical harassment of others).
But, their rambunctious behavior does not automatically connect them to the rape
that occurred that night. However, in the eyes of many Americans, and undoubtedly
in those of the police officers’, it does. This crucial connection that Americans
make, and the fundamental assumption that the juries and judges make in the
Martinsville Seven and Scottsboro Nine cases encompasses the myth of the black
brute. The innocence or guilt of any of the men accused in theses three cases have
little consequence on the initial assumption of guilt. And though the lawyers of the
Martinsville Seven and the Scottsboro Nine fought the existence of procedural
injustice in Southern courts they failed to target and give light to the foundation of
the inequality: the images whites created and held of blacks that caused them to
assume the malevolence of their nature.
The black brute myth, engraved consciously and subconsciously in the

minds of white and black Americans, leaves no room for the consideration of a fair
trial or a just sentence. The black brute grew out of the 1900’s Southern culture.
Southern whites – and also Northern whites, thought we tend to see them as the
‘good and tolerant ones’ – depicted the African American man as savage and
violent. Still tied to the image of the work horse, he had amazing strength and like a
soulless being, had no discernment of right and wrong. He killed and raped without
care and lacked the ability to change. Thus like the wilding teenagers in the Central
Park rape case, the assumption of complete criminality holds true to the Negro’s
nature, if he can steal then he will rape and murder. However, the myth of the black
rapist plunges deeper into the development of the depiction of the black man. After
emancipation, the African American male becomes the representative of anti-
Southern mores and anti-Southern sentiments. Where as before whites might have
seen the black man as a productive tool, a contributor to the Southern economy, now
more than ever, whites see him as a lazy burden. And as they construct this brute
they assemble the white woman as his greatest weakness. In her article “The Rape
Myth in the Old South Reconsidered”, Diane Miller Sommerville refutes the claim
that the myth of the black rapist existed before emancipation. Using a variety of
cases of Interracial rape between black men and white women in the 19th Century,
she illustrates the way whites often protected black slaves against the laws by
diminishing the character of the white victim, or pleading for leniency in
punishment. Usually these women were poor or prostitutes, and often they lived
beyond the virtues of the community, meaning that many knew them as “loose”, or
neighbors and other community members knew they had had sexual relations with
black men before. In the case of rich white women, if a black man raped her, her
family would utilize extra-legal means to punish him, usually lynching. But legal
protection of the white woman only seemed to cover those with money, so in the
19th century, Sommerville concludes that, race relations between black men and
white women had more to do with economic status than race itself. Not until we
move into the 20th century do we begin to see the exaltation of the white woman as a
symbol of Southern culture. Essentially, at this point she begins to be depicted as a
helpless, pure, angelic symbol, what historians label southern womanhood, and as
whites, especially white men, begin to see black men as black, demonic and
criminal, the two images become a commonly used dichotomy of good and evil. In
Sommerville’s article she cites ..Winthrop D. Jordan’s historical work of 1968,
White over Black, where Jordan states:
White women were, quite literally, the repositories of white civilization.

White men tended to place them protectively upon a pedestal and then run
off to gratify their passions elsewhere.’ ....Jordan.... theorized that guilt-
ridden white men who sexually exploited slave women and who were
jealous of presumed black male potency in turn projected their own sexual
desires onto slave men, in the process creating an irrational fear of black
male sexuality. ‘It was not, we, but others, who are guilty. It is not we who
lust, but they.
Jordan highlights the source of the myth of the black rapist as the mind of the white
man, and though Sommerville does not agree with him that this myth existed before
the Civil War, she does admit that the fear of free black men ‘taking’ white women
existed after emancipation. Because of the white man’s fear of these loose ‘beasts’,
he made the white woman his greatest priority to protect. These terms that evolved
out of a long southern history of racial tension and linger in American thought
constitute the elementary sources of injustice seen in interracial rape cases in the 20th
century. The procedural injustice combated in the Central Park rape case, the
Martinsville Seven rape case and the Scottsboro Nine rape case all stem from the
presupposed depiction of the black man as brute and rapist and the postulation
encapsulated in these myths that black men target, want and desire white women.
The desire, which Southern white men define as a sick, lust for the good white
woman, translates to a racist calculation of the evil attributes of black men. These
terms instigate the short deliberations of all-white juries in the cases of interracial
rape and the cruel and unusual punishments of death, whether lynching or the
electric chair or life imprisonment, and the overlooking of evidence that may point
away from the accused.
REFERENCES
N/A. “Evidence in Jogger Case Revised Downward.” New York Times 21 July 1989:
B4. ProQuest. Web. 26 November 2009.
N/A. “Justice in the Central Park Jogger Case.” New York Times 16 Oct. 2002: A22.
ProQuest. Web. 26 November 2009.
“The Brute Caricature”. http://www.Ferrisedu/JimCrow/Brute. Ferris State
University, N.D. Web. 26 November 2009.
Kassin, Saul. “False Confessions and the Jogger Case”. New York Times 1 Nov.
2002: A31. ProQuest. Web. 26 November 2009.
McFadden, Robert. “Boys Guilt Likely in Rape of Jogger”. New York Times 28, Jan.
2003: A1. ProQuest. Web. 26 November 2009.
McFadden, Robert and Saulny, Susan. “13 Years Later, Official Reversal in Jogger
Attack: A Probable Lone Rapist.” New York Times 6 Dec. 2002: A1.
McFadden, Robert and Saulny, Susan. “DNA in Central Park Jogger Case Spurs
Call for New Review.” New York Times 6 Sep. 2002: B1. ProQuest. Web.
26 November 2009.
McKinley, James. “Official says Youths Admit Role in Attack: 7 Are Said to
Describe Jogger’s Rape in Park.” New York Times 24 April 1989: B1.
Rashbaum, William K. “Convicted Killer and Rapist says He Attacked Central Park
Jogger.” New York Times 12 June 2002: B2. ProQuest. Web. (26 November
2009).
Sommerville, Diane M. “The Rape Myth in the Old South Reconsidered”. The
Journal of Southern History 61. 3 (1995): 481-518. Print.
Sullivan, Ronald. “2 Teen-Agers Are Convicted in Park Jogger Trial”. New York
Times 12 Dec. 1990: A1. ProQuest. Web. 26 November 2009.
Sullivan, Ronald. “3 Youths get 5 to 10 Years in Jogger Rape.” New York Times 12
Sep. 1990: B1. ProQuest. Web. 26 November 2009.
Sullivan, Ronald. “Genetic Tests ‘Inconclusive’ in Jogger Rape: Park Victim is
Expected to be Called as Witness.” New York Times 10 Oct. 1989: B1.
"Literature 305
COLONIALISM FOR NATIVES:
A DAY TO DAY GUIDE FOR
SURVIVING YOUR COLONIAL
OVERLORDS
____________________
LEE KOCH

HI, AND THANK YOU FOR BUYING THIS GUIDE. I have meticulously prepared this
guide to help you, the reader, survive your newfound colonial masters. Don’t fret.
If you follow my simple rules, soon you’ll be out of oppression and into opulence.
So let me ask you a few questions; if you say “yes” to any of these then this guide is
for you. Are there suddenly new people around with lighter skin than you? Do they
speak a language you do not understand? Do they have better weapons than you?
Are they enslaving your people? Are they forcing you to grow crops that you do not
need nor want? Do you think these white-skinned newcomers are gods? Do you
live on an island? Do you live in a tropical rainforest? Are there abundant natural
resources? If so, let me tell you the truth of the matter.
___________________________________________________
The Assignment and the Writer: Lee Koch’s paper is an imaginative response to the colonialism
segment of my LIT 305 class. In studying the relationship between literature and law, we focused on
how fictions‐‐especially about racial identities‐‐actually drive and legitimize legal actions, such as
colonial rule. Mr. Koch captured the essence of Césaire and Fanon’s critique of colonialism by
creating his own fictional survival guide for the colonized, through which he reveals the hard truths
about racial “othering” at the heart of the colonizing experience. – Professor Toy‐Fung Tung
CHAPTER 1: WELCOME TO COLONIALISM

Welcome native islander, tribal person, dark skinned brother, or any
combination of the three; you and your people have been selected to participate in a
global resource redistribution program. With global economics the way they are,
power-hungry countries are finding new means of expanding and exploiting people
and environments outside of their sovereign borders. You have been selected to be a
cornerstone of this great process of global economics and trade. If you are
wondering how you were selected to receive such a wonderful surprise, please keep
reading. Most likely your island, village, tribe, or land has something that your
fellow color- deficient man wants, needs, or would like to exploit. In most cases this
is some cash crop or some fad that these people want for their country without
having to pay the high prices associated with fair wages, laws, investment, fair trade,
or obtaining them legally. Rest assured, your culture is now under attack by an
enemy whose likes you have never seen. If you have more pressing matters, you
may jump to any chapter in order to capitalize on that specific information. As a
native, remember to understand the differences between yourself and your
colonizers.
CHAPTER 2: THE COLONIZER

As you have most likely seen, there is a new tribe of people amongst you.
They dress differently, have strange customs, and speak in a language that you do
not understand. They may offer you items that seem to be magical or shiny, maybe
even a combination of the two. Why are these people here? They want something
you have. Your first duty to yourself or your people is to find out what it is they
want from you. This is the sole driving purpose of the colonizer. Are you in control
of what the colonizer wants? Can you provide the colonizers what they want? If so,
you already have one leg up on the other native peoples of your land. You must
quickly make an alliance to help yourself and your people. Don’t be tempted to
fight with the colonizer, only one thing will happen; he will kill you, and take what
he wants from you. You might be asking yourself, why should I help him? Because
like it or not, he is here to stay. Let us break down the anatomy of your colonizer.
That white skin is from slowly migrating north in order to forage for more
sustenance. The farther they moved away from the equator, the seasons provided
less and less growing time. Resources became scarcer, so over time, your colonizers
evolved white skin to get more nutrients from the sun. Also, a lack of tropical
disease, allowed these Northerners to survive when a lack of medicine would have
slowly controlled their population in your neck of the woods (or ocean). Because
they were living so far north, they also had to cover their bodies with clothes to keep
warm. Now you know why your colonizer is so white! Because of the lack of
resources in the North, many tribes had to fight with one another in order to survive.
The people of Europe have exponentially increased their skills at fighting each other
with more and more advanced weaponry. They are a product of fighting. Some
might say it is in their blood to fight, and it is a definitive part of their form of
government. Your sharp sticks and stones will do nothing against their swords and
armor, and do not, I repeat, do not try to use magic to stop their boom sticks (guns,
muskets, cannons). You will be slaughtered. Remember, your colonizer thrives on
conflict, so creating less conflict benefits you. I’ll speak more on this in Chapter 8:
Conflict Resolution.
CHAPTER 3: THE MIND OF THE COLONIZER

The mind of the colonizer is a simple thing; he wants something and will do
whatever it takes to get it. He does not respect you as a person. He will cooperate
with you insofar as you can provide him with what he wants. If the colonizer finds
no need for you, rest assured, you will meet an untimely end. Maybe your colonizer
wants to enslave your people for labor; then it is your job to facilitate this without
much loss of life. Remember, making this hard on your colonizer only opens the
door to more violence and bloodshed. Your colonizer has more technology than
you, especially in warfare. Do not upset him. On the plus side, your colonizer has
advanced medicine, and you should do everything in your power to get to it. You
don’t want your colonizer going to your enemies and helping them. Make sure your
colonizer sees you only in a good light. Remember, in a colonizer’s eyes, you are
not a person. You are a merely a tool to get what he wants. If you can be replaced,
then you will be replaced. This should be the underlying motivation for everything
that you do.
CHAPTER 4: DIVISION
Now that you know what is going through the mind of your colonizer, it is
time to tell you about some techniques your colonial masters will use to conquer
you. Since the first day that your colonizers showed up at your front door, cave, or
hut, there have been those of your people that want them to stay, and those that want
them to leave. The colonizers will quickly pick up on this, allying themselves with
those that are positively inclined towards their presence. Whether you are happy
about their presence or not, you need to let them think you are happy about their
presence. In this world there are the haves and the have-nots; you do not want to be
a have-not. You want to have the colonizers’ weapons, medicine, and potential
access to your colonizers’ technology. This puts you in a better situation against
your enemies. You will now have a powerful new ally against those guys that look
like you, but do their hair in a way that is against your gods. Actually, this is a great
time to have your new ally help enslave your enemy, this way you will not be
enslaved yourself. This will also bring you closer to your colonizer, as he will see
you in a helpful, rather than detrimental role.
Do not let your colonizers divide your people amongst themselves, unless
you find yourself on the more beneficial side of this division. Actually, your
colonizers will most likely have an “us versus them” attitude, and you should
capitalize on it. You want to be an ‘us’ at any cost, because if you are a ‘them’ be
prepared for harsh consequences. Remember, language divides you and your
colonizers, so bridge that language gap as soon as possible. Your colonizers are
learning your language; the least you can do is try to master their language. By
learning your colonizers’ language, you can better facilitate their takeover of your
land. Remember, you weren’t using it as effectively as they could anyway. By
learning your colonizers’ language, you will be more endearing to them, plus it will
help you help them get what they want, which helps you get what you want. You
might be asking what it is you want, and what you want is to be on the winning side.
Remember, living is not living if you are dead.
CHAPTER 5: RELIGION
This can be a touchy subject, but remember, religion is an important aspect
to localizing any global conglomerate. Your colonizers are made in God’s image,
and if that does not make him a God, or godlike, then you should immediately
elevate him to godlike status. If you are lucky your colonizers have already begun
to learn aspects of your religion, remember they are doing this to exploit your
precious practices for their own benefit. YOU SHOULD DO THE SAME. In
their eyes, you are a heathen devil worshipper, and that puts you on their bad side.
Actually, one of your colonizers’ main goals might be truly to bring the one true
religion to your backward island/tribe/rainforest. Convert to Christianity; it is the
only way to save your soul. Your heathen gods have let you down, if they were real,
they would have shielded you from the eyes of your white masters. There are
benefits of conversion; you will most likely receive schooling, food, and medicine
from the church, or not. Even though you aren’t truly a citizen of your new imperial
masters, you are one step closer, because you are a fellow Christian. Use your
newfound Christianity to wage a crusade with your enemy; you will have God on
your side, and your allies, the colonial masters. They say let he who is without sin
cast the first stone, but I say let he who has a musket prepare to reload! Don’t forget
to slaughter your heathen tribesmen and neighbors for not following God’s will.
This provides more profit for you, and less trouble for the imperial overlords.
CHAPTER 6: FARMING
Maybe your island, native land, tropical rainforest, or any combination of
the three, is ripe with food. If you want meat, you hunt it. If you want a juicy fruit
or vegetable, you pick it. Well this is not how things are done in the modern world.
Have your people ever farmed before today? It is time to start farming. Your
colonizers want to bring agricultural (and green) jobs to your community; farming is
easy if you just remember to listen to your colonial masters. You might ask
yourself, why are we clearing all of this land for cotton? People in other parts of the
world need to wear clothes, that loincloth you are sporting just would not do during
a harsh European winter. Also, do you realize how out of fashion it is to let others
see your genitals? Look at the marvels of your colonial masters; advanced irrigation
techniques and non-native crops do much to harm the environment, but they are sure
to bring money into your country (more on money in Chapter 7: Money and
Property). Hopefully you will be lucky, and your crops will not be struck down by a
parasite or inhospitable plague. Use your cash crops to trade for food to eat, so you
can continue to grow more cash crops. Ask your new God to bless the harvest, but
don’t sacrifice any virgins as this may upset your colonizers. Remember, your land
is really their land because you weren’t using it to its full potential anyway.
CHAPTER 7: MONEY AND PROPERTY

Money is how people buy and sell things in the rest of the world. You may
think that you do not have a need for money, but you would be wrong! Sure, in the
past you were always able to trade for the things you needed, or your
tribe/community/neighbors were always able to pool their resources to help the
group, not anymore. With all the time you’ll spend growing crops you cannot eat,
you will need money to buy food. Colonialism brings money directly to your
community, helping you buy things from all corners of the globe. Of course you
will not be making much money, but that is okay. A capitalist society needs to help
keep costs down, so the end consumer can afford to buy goods and services. You
and your people play an integral part in creating wealth for your masters, and maybe
you can earn a little for yourself in the end. You can use this money to buy weapons
to kill the competition, tools to continue growing cash crops, or to pay taxes to your
new government (See Chapter 9: Government and You).
What is property? Look down; see that ground you are standing on?
Someone other than you owns that land. It might be a foreign government, or a
private individual. Either way, it is not yours! How can this land not be yours you
ask, you and your people have lived on it since time immemorial. Or you might be
asking, how can anyone own the earth? Your capitalizing colonialists have secured
the land in the name of their monarchs (more on Monarchs in Chapter 9:
Government and You). It is their manifest destiny to possess this land. You were
sitting around just waiting to be discovered and subjugated by these foreign
governments. This hostile takeover is in your best interest, since you too can now
strive to own property and buy goods. If you work hard enough, you might even
gain the property of the enemy tribe that has the better watering hole or well in the
region. If you are being asked to relocate due to property disputes between yourself
and your colonizer, remember this one fact, they will kill you for the land and use
your blood to fertilize the soil!
CHAPTER 8: CONFLICT RESOLUTION

You should never, at any time, choose to provoke conflict with your
colonizers. They have vastly superior weaponry, a lack of respect for your personal
well being, and a complete disregard for your individuality. Your colonizers are
very fickle, and if provoked they will descend on you like a pack of dogs with bees
in their mouths. If they want you to speak their language, say “okay mates.” If they
want you to convert to Christianity, start praying Hail Mary’s. If they want you to
relocate to a more ‘exotic’ part of the island/rainforest/swamp, begin enjoying the
new views from your brand new “cozy” cave. Remember, you and your people
have the option to rebel at any time, but in most if not all cases, your colonizers will
attempt to quell your rebellion. If you and your colonizers have a disagreement, try
to blame it on another tribe; agree to help your colonizers with this “problem.” This
will take the negative focus off of you and onto your enemy, leaving you in a
positive light. This is a perfect team-building exercise, and you want to be on the
winning team.
Are you upset with the colonizers raping your women? It will be okay; the
babies will be lighter skinned, and therefore more accepted by your colonizer and
your people. Just kidding, the babies will most likely face ridicule and torment. Try
to keep your women working in the fields as much as possible, remember the adage:
two women are almost equal to half as much one man. If they must work in the
house of the local government, make sure they are in the kitchen or on the wait staff,
never personal servants to the masters. This will minimize any “alone” time where
inappropriate touching may occur.
CHAPTER 9: GOVERNMENT AND YOU

Your newly appointed colonial masters will most likely set up a puppet
government over your people or rule you directly. If they choose to go with the
puppet government regime, try to be a part of your new political arena. As a
member of the puppet government, it will be your job to enforce the will of your
new overlords. So what stops you from piggybacking your will upon your people?
If the colonizers need three more times the product, why not make it four and keep
one for yourself? This shows your new masters that you are a productive member of
their regime, and you deserve to have more shares in the profit. Also, since you
know your people’s tribal laws the best, use this to your advantage to increase
production and minimize downtime.
In most cases, your new imperial masters will most likely govern you
directly. Instead of being great engineers, architects, or captains of industry, they
will most likely be middle managers and administrators. Your new administrators
and bureaucrats are there to get the job done, not set up infrastructure unless it helps
facilitate more profit. This is called government-for-profit, as the only reason the
government exists is to answer the question as to what is best to make a profit. The
person asking this question might be a monarch or a private individual, maybe even
a corporation. Did you know you most likely belong to this monarch or private
individual? Isn’t a monarch a private individual, you ask? The answer is no,
because a monarch is the will of the government, while a private individual might be
given slightly more freedom to do things that might not be officially condoned by
the government. Some monarchs might have been given your country as a summer
home, or personal gift from another monarch. Your country might just be his great
big personal playground. If you are lucky, you might get a private individual who
sees your countrymen as his children. If this happens, be prepared to be reared as a
child, your rights taken away before your eyes.
What are rights? You don’t have any, since you aren’t a citizen, white, or a
free person under the law. What are laws? Laws are the rules of the newly formed
government that are meant to take away your individual rights and force the
minority colonizing overlords into power over you. These laws will afford your
colonizers major protections against the abuse you will receive at their hands, abuse
that would not be legal under their own laws against another citizen or legal alien.
Prisoners in your colonizers’ homeland might be treated better than you.
What is a monarchy? A family of great wealth and power in a foreign land
whose will is one and the same as the governing body. The monarchy is the highest
order of foreign society and class, with the most wealth and power. A monarch
could be considered to be similar to your former tribal chief, but a monarch’s power
comes from the one true God that art in heaven. Remember, your new monarch is
part of a global empire, and you, as a new member at the bottom of this global
regime, must help support his influence.
CHAPTER 10: ALTERNATIVES TO COLONIALISM

If you find yourself in a situation where none of my prior advice has
worked, or you do not agree with it, you can always follow these examples. If you
do not wish to follow your new colonial masters, you can always try to ignore them.
This never works, since you cannot stop progress, and your colonizers are a perfect
example of the global progress in the rest of the world. Ignoring the ‘problem’ of
colonialism doesn’t make it go away. You can choose to rebel against your
colonizers, but this has mixed outcomes. If your colonizer has already established a
permanent base of operations, along with a decent trading network, overthrowing
your colonizer will be very hard. Remember, you outnumber your colonizer, and
even with advanced weaponry and disease, he cannot kill all of you. You can try to
gain your independence by continuing to export the goods and services that your
colonial masters want, while you push them out of their administrative positions.
This gives you complete control of the colony, as long as you meet the demands of
your foreign investors. Once you have retaken the government and control the
exports, it is you who are in power, until the foreign powers send an army to end
your rebellion. Last but not least, you can always wait until global concerns shed
light onto your dire situation. This could take centuries, and by then, irreparable
damage might already have occurred to your people, culture, and land.
REFERENCES
Bentley, Jerry H. "Africa and the Atlantic World." Traditions & Encounters A brief
Global History: Volume II From 1500 to the Present. By Jerry H. Bentley.
New York: McGraw-Hill, 2008. 417-33. Print.
Césaire, Aime. Discourse on Colonialism. Trans. Joan Pinkham. New York:
Monthly Review, 1972. Print.
Harper, Graeme. Comedy, Fantasy And Colonialism. New York: Continuum
International, 2002. Print.
Linton, Joan. The Romance of the New World: Gender and the Literary Formations
of English Colonialism. New York: Cambridge UP, 1998. Print.
Mamdani, Mahmood. When Victims Become Killers Colonialism, Nativism, and the
Genocide in Rwanda. Princeton: Princeton UP, 2001. Print.
Walvin, James. "Slavery and the British." History Today (2002): 48-54. Print.
Wolff, Richard D. The Economics of Colonialism, Britain and Kenya 1870-1930.
London, 1974. Print.

"Literature 373
BARBARY DOLLS
____________________
STEPHEN BRUNO

WHEN WE READ WILLIAM SHAKESPEARE’S THE TEMPEST, we’re immediately

impressed by its rich text, intricate plot weaving, and creative character
development. When one reads it through the lens of Bartolomé de las Casas’ A
Short Account of the Destruction of the Indies, however, a different world begins to
take form where startling dynamics to the story are discovered. Ironies abound, and
what was previously tucked away neatly in the bins of common knowledge are
ripped out and laid bare. Such is the work of a barbarian, but the barbarians in The
Tempest and ‘Destruction of the Indies don’t dress in traditional, barbaric garb.
They stray from conventional standards for barbarism and brand their own, unique
measure of brutality on the lives of their victims. Armed with the piercing
knowledge found in Destruction of the Indies, we identify the barbarians in The
Tempest as the most sophisticated, educated, and highest in social status.
___________________________________________________
The Assignment and the Writer: In Lit 373 “Paradises Lost and Found,” we examined how writers
responded to the European “discovery” and conquest of the Americas. Stephen Bruno wrote his
essay in response to an assignment that asked students to compare and contrast the differing ways
characters look at, understand, and react to a paradise that they discover. Inspired by Montaigne’s
essay “Of Cannibals”—which shows that the people who call someone else a “barbarian” are often
the true barbarians—and using Las Casas’ Devastation of the Indies—which broadcast to the world the
horrific Spanish abuses during the invasion of the Americas—Bruno went beyond the basic
requirements of the assignment to show the barbarism in the heart of the characters of
Shakespeare’s The Tempest. It provides a perceptive political and moral interpretation of the play.
– Professor John Staines
From the first page of Destruction of the Indies we are constantly thrust
before the “clutches of…merciless and inhuman butchers” and strung up on giblets
alongside other victims of this brutality (De Las Casas, 2004). As we wriggle and
gag over our last few breaths, we realize that the individuals sharing our fate are
those commonly perceived as barbarians. They are the scantily clad, socially aloof,
and the inarticulate. The perpetrators are the citizens of civilized nations. As
readers, we’re appalled by the lack of value placed on human life and ashamed that
we have indirectly benefited by the systematic extermination of whole civilizations.
We walk away from ‘Destruction of the Indies and with absolute notions as to how
to identify such tyranny and evil. Reading Shakespeare’s The Tempest puts our
knowledge to the test.
At first glance, The Tempest doesn’t seek to make any commentary on
conquests or tyrants. It’s a tale of betrayal, revenge, and intrigue. When the
characters take respite from their endeavors, however, the barbarians and their
victims are exposed. Antonio is the character that most enslaved by manipulation,
opportunism, and the will to exploit. Already well-rehearsed in the art of toppling
established powers (having unseated his own brother, Prospero, as Duke of Milan),
he is a consummate opportunist who sees a chance to advance himself the minute
Alonso falls asleep. He conjures up an elaborate scheme to perch his ally, Sebastian,
as the King of Naples by killing the present one, Sebastian’s brother, Alonso. He
tells Sebastian, “Th’ occasion speaks thee, and my strong imagination sees a crown
dropping upon thy head (II.1.224).
Sebastian is a weak character because he’s easily swayed, taken advantage
of, and fooled. He isn’t necessarily a “bad guy” and isn’t much different from the
generic opportunist of his day, but what’s notable about him is that he’d sooner kill
his own brother to improve his status than blaze his own trail out from the shadow
of his own brother. He admits, “To ebb hereditary sloth instructs me” (II.1.217) and
eagerly agrees to Antonio’s plans.
Alonso stole his brother’s position as Duke of Milan and Sebastian was
willing to kill his sleeping brother to become King of Naples. They would have fit
well on board the ships that sailed to Hispaniola because they would’ve upheld the
criteria of being willing to kill “anyone and everyone in their way” so as to “assume
a status quite at odds with that into which they were born” (2004). By contrast,
those the civilized world deemed “savage,” the indigenous people of far-off lands,
are described by Las Casas as “unassuming, long-suffering, unassertive, and
submissive…never quarrelsome or belligerent or boisterous, they harbour no
grudges and do not seek to settle old scores; indeed, the notions of revenge, rancour,
and hatred are quite foreign to them” (2004).
One of the more admirable, astute characters encountered in The Tempest is
Gonzalo. He sympathizes with Prospero when he’s banished from Milan and brings
him his books to take on his departure from Milan. His keen sense of things
contrary to his idea of what is upright is put on display when he sends Adrian to
watch Alonso, Sebastian, and Antonio. Before dispatching Adrian, he imparts, “All
three of them are desperate: their great guilt, / Like poison given to work a great
time after, / Now ’gins to bite the spirits…follow them swiftly, / And hinder them
from what this ecstasy / May now provoke them to” (III.1.104-109). Noble and
never “given to impetuous actions or to harbouring thoughts of retribution” (2004),

Gonzalo is nonetheless tainted by the impulse to exploit and assume ownership over
things newly discovered. When dreamily discussing the island, he says, “Had I
plantation of this isle… / I’ the commonwealth I would be contraries / Execute all
things. For no kind of traffic / Would I admit; no name of magistrate; / Letters
should not be known; riches, poverty, / And use of service, none; con-tract,
succession, / Bourn, bound of land, tilth, vineyard, none; / No use of metal, corn, or
wine, or oil; / No occupation, all men idle, all; / And women too, but innocent and
pure; / No sovereignty -” (II.1.138-152). No matter how venerable the individual, he
was invariably driven by “insatiable greed and overweening ambition” (2004). No
doubt that within time and wide access to power, Gonzalo would have followed the
pattered of his predecessors who would daily “drench the Americas in human
blood…dispossess the people who are the natural masters and dwellers in those vast
and marvelous kingdoms, killing a thousand million of them, and stealing treasures
beyond compare” (2004).
Stephano and Trinculo are the characters in The Tempest who made no
attempts to conceal their corrupt natures. Stephano possesses the foresight of a wily
businessman and the cunning of a seasoned criminal. When he stumbles upon
Caliban while drinking and singing, he instantly sees the potential to advance
himself without much
investment. He says, “I will Prospero is the supreme colonizer
not take too much / for him; he of the island. Having carved out a
shall pay for him that hath life for himself and Miranda, he
him, and that / soundly”
made sure that his customary life
(II.2.73-75). Although never
as duke was uninterrupted
having any power of royalty in
his native land, Stephano can although having been banished
play any imagined role on the from Milan.
island after he forces Caliban
to become drunk on wine. Caliban is “utterly and faithful and obedient” (2004) to
his newfound master and offers, “I’ll kiss the foot. I’ll swear myself thy subject”
(II.2.147). Stephano is not one to deny such offerings and responds, “Come on then:
down and swear” (II.2. 148). Trinculo would serve well as a cruel assistant. He
allows us to peer into his heart when he quips, “I could find in my heart to beat him-
” (II.2.150-151). Caliban is repeatedly referred to as a “monster,” but we can only
imagine the “manner of barbarities” he would’ve endured as a result of a Neapolitan
“‘conquest’ (which is really and truly nothing other than a series of violent
incursions into the territory by these cruel tyrants…” (2004).
Prospero is the supreme colonizer of the island. Having carved out a life for
himself and Miranda, he made sure that his customary life as duke was uninterrupted
although having been banished from Milan. Ariel and Caliban are his subjects on
the island. He holds Ariel’s freedom in his possession; after giving a list of
directions he assures, “Do so; and after two days / I will discharge thee.” Prospero
consistently threatens Caliban so as to perpetuate his absolute rule over him. After
Caliban protests his treatment, Prospero menacingly says, “If thou neglect’st or dost
unwillingly / What I command, I’ll rack thee with old cramps, / Fill all thy bones
with aches, make thee roar, / That beasts shall tremble at thy din” (I.2.366-369).
Such was the essence of the “inhuman and unjust barbarians” in ‘Destruction of the
Indies who “savaged and murdered” an incredible amount of the indigenous
population of the New World. The standards and values placed on human life don’t
extend to foreigners from far-off lands who are considered inferior. Although
conquerors will readily admit that these “most blessed people” (2004) possess
“manners…more gentle, kind, than of / Our human generation” (III.3.33-34) they
are still tossed into the vacuum of frivolous death and debauchery.
The barbarian is thought to be inferior to one’s culture and nationality. He
is also thought of as lacking in refinement and culture. The barbarians in these texts
have most certainly not been the individuals hanging from his neck from a giblet.
The savages haven’t been those lamenting the yoke of slavery placed on them by
cruel newcomers to their homelands. The civilized man who has been advanced by
science and technology is the barbarian. With his own philosophy he is
incriminated. “It is all too easy to impress liberality on a man who has the means to
practice it all he wants at the expense of others” (Montaigne, 1965).
REFERENCES
Shakespeare, William. The Tempest. 1st Edition. New York: W.W. Norton &
Company, Inc., 2004.
De Las Casas, Bartolomé. A Short Account of the Destruction of the Indies.
London: Penguin Books, 2004.
Montaigne, Michel de. “Of Coaches.” The Complete Essays of Montaigne. Stanford:
Stanford University Press, 1965.

"International Criminal Justice 401

VIOLENCE SELDOM RECOGNIZED:
THE HALF-DEAD WIDOW
____________________
ANEESA BABOOLAL

“To talk about the truth is easy but to live by it is not”
– Narayan's mother Bhagavati, Water
DEEPA MEHTA'S WATER, THE FINAL FILM in her trilogy (preceded by Earth and
Fire) takes place in 1938 during Gandhi's civil disobedience against British reign in
India. Set during an era that upheld traditional values of Hinduism yet mingled with
Gandhi's revolution, it is a film that inevitably conveys the true meaning of injustice
as it portrays a silent form of violence against women. Mehta reveals in the film
commentary that there are two types of water, that “which runs and that which is
stagnant,” similar to the misinterpretation of the cultural darkness of the Hindu
religion that is disguised in social traditions. As the epitome of injustice, the film
reveals gender inequality as a cultural crime against women where basic needs are
not met and women are subject to suffering in the name of devout faith. The ultimate
___________________________________________________
The Assignment and the Writer: Students in my ICJ401 class, the Capstone Seminar in International
Criminal Justice, complete a series of writing assignments as part of the course requirements.
Although the main assignment is a focused literature review (their mini‐thesis), I also ask them to
critique a book chapter and complete a film review. Students are instructed to select a film that is
relevant to international criminal justice. I model my instructions for the assignment from the
original film review guidelines (since updated) for the Contemporary Justice Review, with the hope
that some of the students' reviews might be publishable. The instructions are that "Film reviewers
should offer critical comments about a film’s value for helping us understand issues of justice in our
lives. Justice is defined in the broadest sense of people having their needs met and the more narrow
sense of achieving well‐being after they have been subject to some form of suffering or harm. To
achieve this end, reviewers might find it of value to situate the film reviewed in its cinematic and
socio‐historical context." The length of film reviews should be between 750 and 1,500 words.
– Professor Rosemary Barberet
search in this film is not in the impossibly constricted love story it portrays but
rather in hope for freedom, justice and human dignity.
The narrative is centralized around eight year old Chuiya, a child widow
who is too young to recall her own marriage. Marriage is at the core of religious
identity and it is upheld that a woman become half of a man when she marries him.
Hindu tradition during this period dictates that widows have three options; marriage
to the younger brother of their deceased husband, sati (suttee) in which she
immolates herself upon the pyre of her husband as he cremates (a practice outlawed
in modern India), or a life of self denial. The latter is the path bestowed upon Chuiya
as she is relegated to an ashram, a settlement where a secluded group of widows live
religiously, in the holy city of Varanasi in the Indian State of Uttar Pradesh. Hindu
scripture and prevalent moral attitudes reinforce that women will be able to make
amends from their previous 'sins' at the hermitage.
The institution houses fourteen widows that endure the remainder of their
lives in renunciation and solitude from society. Although the underlying religious
notion is that they are there to release bad karma, there is also the economic
principle that relieves the families of the financial burden of such women. The
ashram is ruled by Madhumati, a venal old woman who has created a business of
prostituting the second youngest of the widows, Kalyani to wealthy Brahmin men,
the highest ranking individuals within the Indian caste system. Kalyani was forced
into prostitution as a child to financially support the ashram as the widows make
their livelihood by collecting alms. Ironically, Kalyani is taken to her clients by
crossing the pure Ganges river and is valued for her beauty; therefore, she is given
the privilege of retaining her long hair; a sign of her limited freedom.
Shakuntala, another widow brought to the ashram at a young age, is the only
literate dweller of the ashram and is generally left alone by Madhumati due to her
angry yet reserved nature. She is torn between her sincere devotion to Hinduism and
her enforced condition as a widow. She frequently seeks counsel from Sadananda
throughout the film, a priest who recites scriptures to pilgrims to the holy city. It is
his encouragement to “never lose your faith” and his revelation of the changing laws
in India that stimulates her awareness of her situation. It is through his teachings that
she attains the ability to separate the superstition that has resulted in her life of
misery from true faith. As a result she gains the strength to rebel against the
hypocrisy of the life unjustly bestowed upon her.
Chuiya's dilemma is different, since she believes her stay at the ashram is
temporary and that her family will eventually retrieve her. Therefore, she easily
adapts to her new lifestyle and the other widows tolerate her unconventional
behavior. Chuiya and Kalyani form a friendship and one day meet Narayan, an
upper class lawyer and follower of Gandhism. A secret forbidden relationship
blossoms between Kalyani and Narayan and she subsequently begins to resist her
fate as a prostitute. Narayan reveals his intentions of marriage to Kalyani who
informs Chuiya of the prospective festivities. Chuiya, in her excitement, mentions
the secret wedding to Madhumati and the quiet livelihood of the widows is
disrupted. Remarriage is a disgrace and is destined to burden all of the other widows
to reincarnation in the 'womb of jackals' according to the Laws of Manu. Thus
Madhumati cuts Kalyani's hair and isolates her from the other widows and away
from the prospect of meeting Narayan again. Shakuntala at this point has begun to
distinguish between social oppression and faith, and in an act of rebellion frees
Kalyani from her imprisonment in the ashram. On her way out, Kalyani is reminded
that she will never be allowed to return to the house of widows for the sin she is
about to commit. Finally, having found her long awaited freedom she visits the
temple where Narayan is waiting for her. He proposes marriage and takes her across
the river to his parent's home. Before the couple reaches the other side of the
Ganges, Narayan points out his house. Kalyani requests the full name of his father. It
is with this revelation that she demands to be taken back. She is unable to provide
reasons for her decision and Narayan is perplexed, she only tells him to “ask your
father”.
Narayan's father later reveals to him after further inquiry that he is one of
Kalyani's clients, leaving his son devastated. Disgusted with his father's behavior, he
returns to the ashram to
accept Kalyani as he
sees her without blame The social revolution truly begins as the cultural
but upon his arrival he boundaries of centuries past are rejected in that
meets her funeral pyre final moment.
instead. Without having
a final refuge and
burdened by grief, she has committed suicide by drowning herself in the river,
leaving what few possessions she has on the banks. Madhumati wastes no time in
replacing Kalyani and sends Chuiya across the river for a client that appears to be
the father of Narayan's close friend. Shakuntala attempts to intercept the fate that
awaits the child on the other side of the Ganges but she arrives on the shore only in
time to find a traumatized Chuiya laying curled in a small boat tied to the docks.
Shakuntala spends the night wandering the streets and word reaches her about
Gandhi’s brief stop at the train station. She immediately makes her way there
immersed within a crowd of his followers, holding Chuiya in her arms. Desperately,
as the train departs the station, she follows alongside asking someone to take care of
the child. Her last attempts in the final scene do not go unnoticed as compassionate
Narayan accepts Chuiya aboard. Shakuntala is left on the platform in tears as the
child departs to a new life. The social revolution truly begins as the cultural
boundaries of centuries past are rejected in that final moment.
Although there is a refreshingly optimistic conclusion to Water, the reality
of the modern day plight of widows is unsettling. BBC News (McGivering, 2002)
notes there are approximately 40 million widows in India who continue to live a life
devoid of economic and social power. These women dwell in impoverished
conditions and continue to be marginalized. The legal system of India has
progressed to bestow rights to widows but the society has forgotten to deliver the
promise of human dignity to these women and thus injustice continues to thrive.
Indian society has failed in its attempt to address the gross violations of human
rights against widows and Mehta provides no recommendation for this. Water
conveys a message of awareness but as hard as 40 million may be to ignore, it is
necessary to mention the protesting of this film in India. The people who can create
change simply refuse to do so as the issue is viewed not as an infringement of
human rights but as blasphemy upon Hinduism. Awareness should not be the only
message derived from this film but rather the idea of creating justice and equality
within a democratic society should be addressed. Although Mehta delivers on her
historical portrayal of unjust debasement of widows, she fails to adequately
emphasize the continuance of this modern day practice.
Water is an uncompromising story that condemns the dehumanization of
women regardless of morals, religion or social tradition. The story is pure and the
outcome is predestined. The wager of faith is unyielding as the underlying message
of hope carries through. The film critically attempts to address issues of justice
through its defiance of Hindu scripture by breaking the silence on an unspeakable
issue veiled by religious and social constraint. Hinduism dictates that a woman
become half of a man when she marries him and upon his demise, the woman is
considered half-dead. Water explores the crucial half of a woman that remains alive
but is condemned to suffer. Deepa Mehta unmasks the plight of widows that
currently still endure heinous crimes against their dignity for circumstances external
to them. The widows “live as the beautiful lotus flower untouched by the dirty water
in which they reside.”
REFERENCES
McGivering, J. (2002, February 02). India's neglected widows. BBC News.
Retrieved January 08, 2010 from
http://news.bbc.co.uk/2/hi/south_asia/1795564.stm
"Public Administration 755/Criminal Justice 755

DROPPING THE BOMB:
ENDING WWII & BEGINNING A
SUPERPOWER—A RHETORICAL
ANALYSIS
____________________
EDWIN MIguel HERNANDEZ GARCIA

The following press release was issued by the White House sixteen hours after the
first atomic bomb was dropped on Japan. Mr. Garcia’s essay follows the press
release.
___________________________________________________
The Assignment and the Writer: Rarely do I meet an undergraduate who can adeptly fulfill the
criteria of a graduate‐level writing course. In CRJ 755, Writing for Public Management, Edwin
Hernandez Garcia surpassed these expectations. In that course, students choose an historical or
current public document that they analyze for linguistic and rhetorical characteristics. Based on
theories of language and rhetoric, they must surmise how the author’s language attempts to
persuade an audience and, ultimately, to get them to “do” things. “Dropping the Bomb” asserts how
President Truman crafted his words to convince the American people about the use of the atomic
bomb as well as to instill the subsequent cold war mindset. This assignment asks students to do
more than just read for information; it compels them to comprehend how the power of language can
influence the opinions and actions of citizens. – Professor Mark McBeth
“THE JAPANESE BEGAN THE WAR FROM THE AIR AT PEARL HARBOR. They have
been repaid many fold,” stated United States President Harry Truman in 1945.
Since then many American politicians, government officials, and historians have
claimed that President Harry Truman decided to drop an atomic bomb in Hiroshima,
Japan, on August 6, 1945, mainly to respond to the Japanese for their attack on Pearl
Harbor in 1941 and end World War II (WWII). However, the motives for
responding to Japan with an attack of unequal and unprecedented magnitude extend
beyond these two reasons. A press release, written before the drop of the bomb in
Hiroshima, reveals that President Truman decided to use the atomic bomb not only
to end WWII and punish Japan for attacking America but also to defeat the Nazis
and the Soviets in the nuclear race as well as to establish America as the preeminent
world military superpower—the only one possessing the mighty nuclear bomb. At a
moment of utmost pressure, the President of the United States praised the scientists
who worked on this project (or his government) and assured the American people
that the U.S. was superior to all other nations. Nonetheless, within this speech, the
president of the United States omitted many reasons, mysteries, and consequences of
the drop of the atomic bomb that a rhetorical analysis of this press release reveals.
The three-page press release, rather than an emergency plan, written in case
of the failure of this mission, predicts the success of the operation before its
completion. The press release states: “Sixteen hours ago an American airplane
dropped one bomb on___________and destroyed its usefulness to the enemy” (p. 1).
Clearly, the U.S. government did not know on which city it would drop the bomb,
but already the U.S. assumed that the attack would succeed. One could wonder what
the federal government would have done if this operation went awry. Obviously,
history has shown what did happen and the U.S. and the Western allies won WWII.
This press release that assumes the success of the operation can lead one to imagine
that other versions of this press release exist as well, providing assurances of their
safety to the American people and saving the image of the U.S. government, in case
of the operation’s failure.
After the Japanese attacked Pearl Harbor, killing more than two thousand
Americans, the U.S. decided to enter WWII. Without America’s involvement in
WWII, a different world may have emerged from this global armed conflict. The
U.S. joined the Western allies, led by Great Britain and the Union of Soviet Socialist
Republics (U.S.S.R.), in combating the fascist Axis alliance. The fascist regimes
(Germany, Japan, and Italy) were defeating the weakening European countries until
the U.S.’s late intervention. With no armed conflict occurring in the continental
United States, the American government could provide funds, military equipment,
personnel, and intelligence services to aid Great Britain and other European
countries in their fight against the Nazis. In entering WW II, America assumed the
role of a rising superpower in its collaborative efforts with Europe to stop the Axis
Alliance.
Furthermore, the atomic bomb made America the sole military superpower.
No other dominant country—Germany, Japan, or the U.S.S.R.—had yet developed
the capability to destroy a city with a single bomb. The White House press release
asserts this new American military might, stating, “With this bomb we have now
added a new and revolutionary increase in destruction to supplement the growing
power of our armed forces” (p. 1).One could interpret the use of the word
“destruction” in this sentence as Truman’s attempt to tell the American people that
the U.S. preeminent military superpower and that whoever dared to attack America
would face the devastation that America’s response would cause. By stressing the
groundbreaking nature and added potential for devastation of this new weapon,
President Truman conveyed to Americans that the U.S. possessed the most powerful
weapon in history and the most capable military on earth. This act of unprecedented
force made the U.S. the most feared superpower and within days Japan surrendered
and WWII ended. But not until the U.S. had fatally demonstrated its power on two
cities.
This document also hints at other behind-the scenes wars that developed
alongside the main military war. The press release notes that the scientific research
laboratories of Germany and the Western Allies rallied to create the first atomic
bomb. As President Truman states, “With American and British scientists working
together we entered the race of discovery against the Germans” (p. 2). President
Truman announced to the American people not only the behind-the-scenes war that
unfolded, but also that the Western Allies had defeated Germany in that scientific
race. Yet, like the races that may have been simultaneously occurring on the
marathon track, this race would prove a far more looming threat for years afterward.
Furthermore, Truman’s press release selectively omits yet even another
behind-the-scenes war that unfolded alongside WII—the war of the research
laboratories between the
United States and the
By stressing the groundbreaking nature U.S.S.R. While both
and added potential for devastation of this these countries fought
new weapon, President Truman conveyed against the Nazis and their
to Americans that the U.S. possessed the allies, they competed
most powerful weapon in history and the against each other in the
most capable military on earth. quest for the atomic
bomb. President Truman
announced the discovery
of the atomic bomb to U.S.S.R.’s Secretary General Stalin during the Potsdam
Conference in occupied Germany, almost two months before the drop of the atomic
bomb (Bohlen, 1973). Charles Bohlen, President Truman’s interpreter, in his book
Witness to History 1929-1969, points out that when President Truman told Secretary
General Joseph Stalin, the latter did not seem surprised about the revelation.
However, Bohlen states that “that night Stalin ordered a telegram sent to those
working on the atomic bomb in Russia to hurry with the job” (p. 247). With
Truman’s confession to Stalin, the United States announced its major post-WWII
enemy its victory in the quest for the atomic bomb; the press release would
announce it to the American people and the world. Therefore, rather than entering
the “race of discovery” just against the Germans, the United States also raced
against one of its WWII allies, the U.S.S.R., in the quest for the atomic bomb.
President Truman does not take credit for the Nazi’s failure to win the race
for the atomic bomb, but rather claims that “Providence,” or God did not allow the
Germans to achieve their goal to “enslave the world.” By stressing the role of God
in preventing the Nazis from obtaining the mighty atomic bomb, President Truman
affirmed that God sided with the Americans and the Western allies in this fight. Not
only did this raise the American people’s morale and the morals too often associated
with their power, but it also motivated other Americans to get involved in the
military effort and in the subsequent reconstruction of Europe, as part of American
commitments after the war.
President Truman not only conveyed to Americans their role in preventing
the Nazis from enslaving them and the world, but also asserted their economic
superiority and ability to take risks and achieve their goals. The American
government invested $2 billion dollars in this quest—an amount that did not make
the U.S. bankrupt when the rest of Europe had been financially devastated.
President Truman expressed the economic and technological superiority of the U.S.
to the American people by stating: “We have spent two billion dollars on the
greatest scientific gamble in history—and won” (p. 2). By stressing that the U.S.
took risks and invested an enormous amount of resources in achieving this
breakthrough, President Truman appealed to the American spirit of risk taking,
asserted the country’s economic superiority, and ensured Americans that they should
not doubt of America’s capabilities in achieving anything to which they put their
minds.
This press release not only reports the state of the present but also forecasts
the future of the state of the world and its superpowers. In fact, the American-British
Alliance in the quest for the atomic bomb left one big and important WWII ally out
of the picture—the U.S.S.R. As President Truman states, on the last paragraph of
the first page of the press release, “Beginning in 1940, scientific knowledge useful in
war was pooled between the United States and Great Britain…Under that general
policy the research on the atomic bomb was begun” (p. 2). This selective omission
seems to suggest that by fostering an alliance with an already established ally, the
United States prepared for the future war that it would wage post-war against the
Soviets, for more than four decades afterward and without any direct armed
conflict—the Cold War (1945-1991). By neither mentioning the Soviet Union as an
ally in the war efforts, nor including it in the effort to create the atomic bomb, the
U.S. sent the implicit message that the Soviet Union had already become an enemy
or a circumstantial ally, not trusted during nor thereafter.
President Truman’s suggestion that the use of the atomic bomb against
Japan intended to “destroy Japan’s power to make war” (p. 2) does not reveal a
completely honest report. In fact, the U.S. dropped the first atomic bomb in the City
of Hiroshima, killing mostly civilians; more than 130,000 Japanese citizens perished
that day, including 130,000 civilians (Rosenberg, 2005). Truman makes no mention
of the suffering the Japanese went through and the lives lost because of this bomb.
Instead of debilitating Japan’s ability to defend itself against the United States,
President Truman’s performative utterance to order the drop of the atomic bomb [“I
hereby decided to drop the atomic bomb”] caused deaths that should never have
occurred. But Truman did not state this performative utterance in this document,
and rather affirmed that “they [the Japanese] have been repaid many fold” (p. 1).
History shows that Truman lied to the American people concerning the reasons to
drop the atomic bomb in Japan; yet, many Americans continue to consider Truman
one of their heroes.
The silence about the Japanese victims of this attack on the press release has
further implications. By not mentioning them anywhere in the press release to the
American people, Truman dehumanizes them in front of the press release’s
audience. However, the reality on the ground provided a distinct sense of the reality.
Kuznick (2007) notes that “survivors on the ground, unlike crew members flying
above, vividly recall the flash from the bomb, and when combined with the blast,
left scores of thousands dead and dying and a city in ruins” (p. 3). While Americans
celebrated their victory in the arms race and in defeating Japan with the atomic
bomb, Japanese civilians—men, women, children, and the elderly—suffered the
consequences of their leaders’ actions as well as of American heroism.
Through this press release, the American president also shifts the blame of
the Japanese tragedy to the leaders of this nation. Truman states: “It was to spare the
Japanese people from utter destruction that the ultimatum of July 26 was issued at
Potsdam. Their leaders rejected that ultimatum” (p.3). This shift of blame
underscores the American leader’s intention of hiding the truth from the American
people and the world, and presenting the United States as having no responsibility
for the deaths of hundreds of thousands of civilians. One could easily imagine
Americans celebrating the drop of the bomb, unaware of what had happened on the
ground at Hiroshima.
Nevertheless, in trying to praise the achievement of the atomic bomb and the
destruction of a Japanese city, and to dehumanize the Japanese victims of the attack,
Truman committed a rhetorical error in the press release by stating that the Japanese
should expect a “rain of ruin from the air, like of which has never been seen in this
earth” (p. 3). The phrase “ruin from the air” makes one imagine what occurred on
the soil of this Japanese city, what suffering took place. It would not take a long
time for a skeptic American to point all the agony that went on the ground after this
destruction. This rhetorical flaw humanized the Japanese victims in front of the
American people. Yet, in a time when Americans celebrated their victory, their
euphoria blinded them of human rights. History would judge if President Truman
made the right decision in dropping the atomic bomb.
Surprisingly, rather than making the world a safer place, the use of the
atomic bomb opened the window to the most dangerous arms race the world has
ever seen. President Truman slightly highlights the risks involved in the new
enterprise of the nuclear era. Truman warns that the U.S. Government needs to
conduct further research on the bomb in order to “protect us and the rest of the world
from the danger of sudden destruction” (p. 3). By stressing the importance of
protecting the American people and the world from the consequences of the misuse
of the atomic bomb, President Truman asserts the United States’ responsibility of
guarding the new weapon against its abuse by other countries. Truman states, “I
shall give further consideration and make further recommendations to the Congress
as to how atomic power can become a powerful and forceful influence towards the
maintenance of world peace” (p. 3). However, with this statement, Truman not only
asserted the United States’ responsibility to protect the world from total destruction,
but also affirmed America’s leadership in the arms race that he had just made public.
Peter J. Kuznick notes, in his article The decision to risk the future: Harry Truman,
the atomic bomb, and the apocalyptic narrative, that leading atomic scientists at the
time warned the U.S. against using the atomic bomb against Japan because it may
“precipitate an uncontrollable arms race with the Soviet Union that boded future
disaster for mankind” (p. 1). Because Truman and his advisors did not listen to the
scientists who predicted this nuclear race, sixty four years after the first atomic
bomb drop the nuclear arms race has escalated and the world has become a more
dangerous place.
In retrospect, one can note that the American government did not live up to
its promises of sharing with the world the newly acquired knowledge about nuclear
energy and bombs. It decided instead to preserve its new acquired power through its
undisclosed scientific information. As Truman states, “It has never been the habit of
the scientists of this country or the policy of this Government to withhold from the
world scientific knowledge” (p. 3). More than sixty years after the White House
published this press release, the United States has done the opposite on the atomic
issue: it has only provided assistance to few other countries and acts as a the sheriff
of the world on the issue of nuclear energy and weapons production. While the U.S.
has an obligation to encourage the responsible use of atomic power because it
created this technology, it does not warrant it an entitlement to police the world in
the atomic issue. One just needs to look at the censure the United States has put on
Iran because of its nuclear program and alleged pursuit of an atomic bomb to notice
the sense of entitlement to police the world concerning atomic power felt by U.S.
leaders. Now more than ever, U.S. leaders need to strike a balance between policing
the world and meeting its obligations to global peace and security, whether it
concerns atomic power or any other important issue.
Though one cannot determine with certainty the specific author of this press
release, one can safely assume that whoever produced this press release made
important rhetorical choices, such as considering the audience (the American
people), dehumanizing and removing the victims from the text, shifting the blame
for the death of thousands of Japanese and the destruction of one of their cities to its
government rather than taking responsibility for it and its victims, and conveying the
message of American economic, scientific and military superiority in the world.
Truman effectively conveyed to the American people not only that the U.S. had
destroyed a Japanese city, using the most destructive weapon in existence up to this
day, but most important that the U.S. stood as the sole economic and military
superpower in the world—after the defeat of Germany, Russia, Japan, and the
destruction of Europe in WWII. The atomic bomb provided the United States the
opportunity to emerge as the world’s military superpower, and this press release
represented the mean through which it announced it to the American people and the
world. Yet, an analysis of this press release reveals the unsaid rhetoric of the U.S.
government in a document intended to inform the American people of their victory
in the war effort; not surprisingly, that achievement had many underlying causes,
mysteries, and consequences.
REFERENCES
Bohlen, C.E. (1973). Witness to history 1929-1969. New York: W.W. Norton.
Kuznick, P. J. (2007, July 23). The decision to risk the future: Harry Truman, the
atomic bomb and the apocalyptic narrative. The Asia-Pacific Journal:
Japan Focus. Retrieved November 16, 2009,
from http://www.japanfocus.org/-Peter_J_-Kuznick/2479
Rosenberg, J. (2005). What Truman was thinking when he decided to drop the
bomb: Hiroshima may not have brought Japan to surrender. The Christian
Science Monitor. Retrieved November 16, 2009, from
http://www.csmonitor.com/2005/0802/p17s01-bogn.html

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Marx and Engels recognize the unsurpassed accomplishments of the

and legislations, in an attempt to regulate capitalism, and temper its destructive

However, capitalism is also built on exploitation, and inevitably produces great

Simultaneously, altruism can be explained as one’s self-identification with the

WILLIAM SHAKESPEARE’S TRAGEDY OTHELLO, a compelling chronicle of

The dehumanization of Othello based on his race is prevalent throughout the

In the opening scene, Cordelia undermines Lear’s absolute paternal

Old fond eyes,

Regan: How is’t, my lord? How look you?

Cure the ills of this hateful disease

So I lay these shackles down for others to seize

Instead of spending time accruing spiritual fees,

And when we cross these new vertices,

All this so our souls can appease

INTERACTIONAL SYNCHRONY REFERS TO AN ACT of mimicry that people non-

THE CHAMELEON EFFECT:

FILM NOIR IS ICONIC FOR MANY REASONS. It is characterized by dark, moody

Jake Gittes is an obviously hardened man. He is neither emotional nor

of what they consider mundane to do something remarkable. Gittes becomes tired of

CRIMES AND PUNISHMENTS — OR NON-PUNISHMENTS — depicted in Dosto-

claim of innocence in The Innocent is not a self-defensive rebuttal to

GENERAL CRIME TRENDS

technology in the global economy.” Living in a global capitalist economy with an

EXPLAINING ORGAN TRAFFICKING

In February, 2008, the arrest of Amit Kumar – “Doctor Kidney” – revealed

By requiring secrecy, the presence of doctors without their distinct,

SUCCESSFUL STRATEGIES AND FUTURE CHALLENGES

Press release nr.07/112 retrieved on November 09 from

SHAKESPEARE AND MARVELL: THE LAW ENCLOSED

Who, from his private Gardens, where

O giglot fortune!--to master Caesar's sword,

as a male lends credibility to the concept of trickery throughout this scene as it

notable events occurred in 1983 when the Department of Education released “A

My home schooling group includes Moslem, Jewish, Quaker, Baptist,

are FAR more diverse than the neighborhood school I pulled my

interest of the community, if public schools are to have a reputable place in

"Humanities and Justice Studies 316

The black brute myth, engraved consciously and subconsciously in the

White women were, quite literally, the repositories of white civilization.

CHAPTER 1: WELCOME TO COLONIALISM

CHAPTER 2: THE COLONIZER

John Jay's Finest 2010

John Jay's Finest 2010