The multiplicity of Hawaiian sovereignty claims and the struggle for meaningful autonomy

Abstract

There are multiple Hawaiian political claims and entitlements. Is independence appropriate for Hawai'i? Is it appropriate for Hawaiians? These two questions are not one and the same. In the movement today, there are multiple levels of ambiguity about these two claims – the right to indigenous self-determination under US domestic law and Hawai'i's right to self-determination under international law – as evidenced in the strategic invocation of both. The persistent maintenance of the dual claim reveals a particular sort of political ambivalence having to do with the dilemmas over the exercise of sovereignty in the 21st century. This article examines two different claims – one which is specific to Hawaiians as an indigenous people subjugated by US colonialism, and the other which is not limited to the indigenous and focuses on the broader national claims to Hawai'i's independence. Within this latter arena, there are two distinct lines of political activism and legal claims – one that calls for de-colonization protocols and the other that calls for de-occupation.     

Color codification: law,culture and the hue of communication

This paper explores the intersection between color, culture and the legal domain; it reveals how recent, and disturbing, developments in trademark law have allowed for corporate ownership of the powerful communicative media of color and discusses the implications of this (colorful) codification. Mapping the communication of color within our contemporary legal, political and social environment, the paper addresses how color's vibrant significatory power is hemmed in by law, by (legal) language and by corporations. Law, it is argued, stands as one of the primary and most powerful practical “tools” used to shape, standardize and contain contemporary communication – and currently laws governing trademark function to recode and constrain the presumably boundless media of color. This is troubling, since our colorful environment becomes simplified when the array of meanings attributed to a particular hue are narrowed and then granted legitimacy by the courts.     

Martial arts and the globalization of US and Asian film industries

Abstract

This article investigates how globalization is affecting film industries in the USA and Asia. It argues that these industries are becoming more closely integrated with one another both materially and aesthetically, and that this in turn is leading to the denationalization of individual films and film industries on both sides of the Pacific. The article explores how globalization is experienced differently by different film industries – and by different sectors within individual industries – and how it entails both losses and opportunities for Asian film makers. Taking the contemporary Hollywood and East Asian martial arts film as an exemplary cultural style of globalization, it also looks at how integration involves both cultural homogenization and the production of difference. Specific topics discussed include the growth of Hollywood's Asian markets, Jackie Chan and the flow of Hong Kong talent into Hollywood, Hollywood remakes of South Korean movies, the resurgence of Asian film industries, Hollywood's local-language film production and Zhang Yimou's Hero.     

Trans-racial Mothering : Double-Edged Privilege

Abstract

In this essay, the white adoptive mother of two bi-racial children reflects upon her thirty year experience of parenting to make several philosophical claims. She argues that through the unique mother-child bond, trans-racial mothering may produce knowledge of others' experience that crosses the racial divide. She claims that in this way trans-racial mothering produces epistemic and ethical privileges that may give the mother an advantaged position in public dialogue. Yet, paradoxically, in light of this epistemological transformation, highlighting the works of Black legal scholars and theoreticians, she argues against the general practice of trans-racial adoption of which she is the beneficiary.     

TRAUMA TRAINING AND THE REPARATIVE WORK OF JOURNALISM

This article examines discourses of trauma and affective labor in the emergence of trauma training in US journalism. In a body of training texts and films used in US journalism schools, crime and disaster journalism are being refigured as affective encounters between reporters and victims; in the process, training builds a language of trauma that describes and models the news making process as potentially reparative: as an epistemological meeting point between existing knowledge of social traumas and a training apparatus that enables constructs of trauma to do the cultural production of news differently. Rather than treat the emergence of trauma training initiatives as further evidence of the hegemony of therapeutic politics, I draw from Eve Kosofsky Sedgwick's calls for reparative critique, in which transformations in the process of news production may reveal the work of affective labor and its emotional intensities as key, but often unacknowledged, features of cultural production. Analysis of training films and manuals in these curricula, on the one hand, shows their attachments to a medical discourse of trauma that borrows language and constructs from the trauma science literature, replicating forms of referentiality between wounded bodies and traumatized psyches. However, their translation into representational practices and modes of conduct for reporters – as witnesses to others' testimonies – also pose ways of understanding the burdens and affective responsibilities professions like journalism increasingly bear for displaying and interpreting social change and political upheaval.     

Legal pluralism and the Shari'a: a comparison of Greece and Turkey

The creation of a national and unified legal system was an important aspect of the rise of the modern state and national citizenship. However, this interpretation of legal rationalization has been challenged by sociologists of law such as Eugene Ehrlich (1862–1922) who claimed that this juridical theory of state‐centred law masked the presence of customary laws outside this formal system. In critical theories of the law, legal pluralism is proposed against the idea of legal sovereignty or legal centralism. In this article we explore the implications of the growth of the Shari'a as an example of legal pluralism. We take Turkey and Greece as two interesting but different examples of legal pluralism and consider the implications of these case studies for debates about liberalism, multiculturalism and citizenship in multi‐faith societies.     

There is No Place Like Home: The Body as the Scene of the Crime in Sexual Assault Intervention

ABSTRACT

“The body is the scene of the crime,” is an oft-repeated phrase among nurses conducting sexual assault forensic examinations. This instruction reminds nurses that the object under scrutiny, the sexually violated body, is the location and source of establishing legal evidence. The nurses' interest lies in recovering evidentiary materials towards deriving a future juridical truth and providing a means for remedy or restitution. The constitution of truth obscures how the subject comes to be at home and dwell in a world where rape occurs. This article argues that regarding the body as a crime scene is more than a rhetorical or pedagogical move made by forensic practitioners. Rather, forensic examination is constituted through rigorous and meticulous techniques that scrutinize the body of the sexually violated subject in such a way that the harming and healing capacities of the domestic are disarticulated from one another. What is at stake is the state's reliance on a notion of the domestic as a sphere to which one might return and heal, even in instances where the domestic itself is the source or site of injury, such as incest and domestic violence.     

Cosmopolitanism: The Foundational Ground for a More Inclusive Understanding of Belonging to Protect the Human Rights of North Korean Stateless Women

In this article, I will examine the use of the notion of cosmopolitanism to address the exclusionary nature of citizenship. Citizenship is a contemporary social norm that privileges citizens and discriminates against others, leading to consequent human rights violations experienced by stateless populations. I will use the case study of North Korean stateless women who reside in China and who are victims of human trafficking as an example of stateless people who lack legal guarantees for human rights. By uncovering the way citizenship operates as a social structure that deprives people of their human rights, I will argue for Seyla Benhabib's notion of cosmopolitanism, which pursues a more inclusive notion of belonging and necessitates institutional changes. These include the juridical implementation of improved immigration policy and citizenship law, involving the cooperation of the global society, to recognize the dignity of the stateless and protect their human rights.     

Representing representations: the ethics of filming at Ground Zero

In this paper I analyse the ethical challenges that informed the production and filming of my documentary September Signs and Symbols. The film focuses on the material objects that commemorate the terrorist attacks of 9/11, and how this memorabilia circulates in New York City. The film explores how these objects have come to be complex signifiers containing within them the possibility for a range of meanings for people who create them, sell them, collect them, and use them and this paper reflects on the complex ethics of filming at Ground Zero – a highly charged political and cultural site. I analyse the ethics of representing a hyper‐represented space, the necessity for self‐reflexivity in the process of demystifying signifiers that have had meaning appended to them and my own complicity in the dialectic of production and consumption that informs any engagement with the objectified discourse of September 11th.     

‘Cinema,Glamour, Atrocity’: Narratives of Trauma

Abstract

Cinematic treatments of trauma have to confront the challenge that every aesthetic choice is also an ethical one. This challenge poses special problems for questions of truth and the representation of victims and perpetrators. Three documentaries made by Mark Kaplan (1996–2004) explore the history of South African student activist Siphiwo Mtimkulu, tortured and murdered by security policemen in the early 1980s, and the subsequent interaction between Gideon Nieuwoudt, one of the perpetrators, and the Mtimkulu family during the Truth and Reconciliation Commission Hearings. Ian Gabriel's fiction film, Forgiveness (2004), uses key aspects of this history in his treatment of a repentant perpetrator seeking forgiveness from his victim's family. In my analysis, I argue that respect for a realist aesthetic – the notion that the camera can and does reveal the world to us – may be combined with self-reflexivity, narrative layering and generic innovation to produce a complex representation of truth, victim and perpetrator. I suggest, further, that the initial choice of subject will determine to some extent the degree of complexity with which issues of truth, on the one hand, and the nature of the victim and the perpetrator, on the other, will be developed.     

Is Seeing Believing? Photographs,Eyewitness Testimony,and Evidence of the Holocaust

During World War II, the first media outlets to publish photographs of the Nazi mass murder of Jews and others were Soviet newspapers and magazines. The problem with Soviet photographs was that the Soviet media were considered unreliable from a Western standpoint, because unlike in the West, which perceived a clear ideological differentiation of art from photojournalism, Soviet photography blurred that distinction. According to Western standards of evidence, Soviet photography could never be taken seriously as photojournalism, precisely because the photographer was always metaphorically present. Since Soviet photojournalism failed the test of the documentary imperative, it rarely convinced people of the truth of its subject matter. In this epistemological context when photographs might fail to convince, the act of physically bearing witness, of seeing with one's own eyes, became the most important way of proving to a disbelieving public the veracity of Nazi atrocities.     

Taking Feminist Violence Seriously in Feminist International Relations

In this article we explore questions about feminism and violence to constructively complicate understandings about this relationship. Feminism is conventionally positioned as oppositional to direct and structural violences, importantly so, as this has been seen key to feminism's viability as a constructive knowledge project. Yet there are increasingly persistent concerns about epistemic, juridical and other violences circulating around feminism, which render feminism's role in the production of oppositional knowledge and politics suspect. This is especially the case where western feminist ideas have been problematically taken up in neoliberal global policy making and for militarized human rights interventions. As feminist international relations scholars troubled by such associations, we investigate – via an exploration of three provocative feminist texts – how feminism is perceived to be both violated and violating by its contemporary imbrication in the violences of neoliberalism and global governance. We further suggest that metaphors of feminized corporeality, which infuse representations of feminism in these texts (especially in its western homogenized governance form), inhibit the destabilizing potential of feminism through its harmful associations with the ‘failing’ female body. This bodily shaping of feminism, which we examine by following a ‘trail of blood’, tells us something important about the relationship between feminism and violence, about recurring discursive and theoretical closures around feminism and about the possibilities for reinventions of feminism to unsettle the violent degradations, which feminists insistently reveal and decry.     

Transnormativity: A New Concept and Its Validation through Documentary Film About Transgender Men

While prior research has called attention to how medically based, normative understandings of sex and gender place undue restrictions on transgender people's autonomy, there has yet to be an attempt to consolidate this research into a recognizable concept that is situated within existing theoretical frameworks. This article uses documentary films focused on transgender men as an empirical example to develop the concept of transnormativity. Transnormativity describes the specific framework to which transgender people's presentations and experiences of gender are held accountable. Drawing on research specific to transgender community groups, medicalization, and legal transition, I argue that transnormativity structures transgender experience, identification, and narratives into a hierarchy of legitimacy that is dependent upon medical standards. This ideology, as I show via a content analysis of documentary films, circulates in media depictions of transgender people in ways that eclipse alternative explanations of gender non‐conformity. While medical transition is a central component of many transgender people's gender trajectory, I argue in this article that the privileging of the medical model over others creates a marginalizing effect for gender‐non‐conforming people who cannot or do not wish to medically transition.     

14 to 18 Year Olds as “Children” by Law?

SUMMARY

The European Union Council Framework Decision 2004/68/JI of 22.12.2003 “on combating the sexual exploitation of children and child pornography” defines as “child” any person below the age of 18. Under Austrian law there are no children between the ages of 7 and 18. The author criticizes that, up to now, the development of age limits in legal history has taken a clearly different way in the various fields of law of the Austrian legal order. The Austrian legislator's tendency, which has evolved in the course of legal history, to grant rights and permits to young people between 14 and 18 years earlier but, at the same time, to impose on them more and more obligations arising from private and public law, to give them the opportunity to grow into adult life with full powers and responsibilities step by step, totally contradicts the Council Framework Decision.

Today, adolescents live in a cultural environment characterized by globalized pop culture and world-wide communication technology. Access to “extreme ideas” is offered everywhere and anytime. It is highly difficult to grow up without any interference and develop one's own personality and sexual orientation according to one's inherent nature under such circumstances of a world society, and this process may be seriously disturbed or even prevented by inappropriate prohibitions imposed by criminal law. However, the aim of any education is to accompany adolescents while they are growing up so that they become self-assured, self-responsible citizens with an understanding of how to work for peace and common welfare who know “how to walk upright” and do so, and who are informed about their civil rights and are able to exercise the same decidedly. We do not need only consumers but also citizens of the world! Repatriarchalization and criminalization are the wrong answers to the urgent questions of world society. The question how to combat child pornography commerce is certainly one of the most important concerns because it is abused children and adolescents for whom it is most difficult to develop their personalities and become citizens of the world.

Legally useful answers can only be expected by those who address precise questions to the law. In this respect Europe failed. Given the fundamental right to respect for one's private life and the prohibition of discrimination on the grounds of age the creation of new offencesinvolving a definition of the child as a person up to the age of 18, which contradicts well established law and is unrealistic-shoots past the mark in the author's opinion. Such provisions miss the target group of potential offenders, and infantilize and criminalize society instead. With the proposed legal means it will not be possible to attain the actual aims, i.e., to finally destroy the market for child pornography, and to punish its organizers, “wire-pullers” and users as offenders, and to eliminate them once and for all. The legal status of adolescents is weakened or at least serious curtailment of their claims arising from the fact that they have fundamental rights depending on personality and age; and the Council Framework Decision contradicts the equality guarantees in primary law of the European Union that they must not be discriminated on the grounds of age.     

Evidence‐Based Medicine or Cookbook Medicine? Addressing Concerns over the Standardization of Care

Evidence‐based medicine (EBM), which advocates clinical decisions are based on evidence from medical research, has become an important ideal pursued in contemporary medicine. EBM relies on two key principles: the evidence hierarchy and clinical practice guidelines. Both principles have been fiercely criticized, and critics often invoke the term ‘Cookbook medicine’ to stress the dangers and limitations of EBM. This article reviews diverse critical literature on EBM by drawing on the newly proposed subfield of “Sociology of Standards.” It reframes the manifold critiques on EBM as concerns over the harm that standardization can bring about and demonstrates how empirical sociological studies have contributed to a better understanding of EBM's justificatory basis and regulatory impact. First, it discusses the ‘politics of Evidence’ inherent in EBM's epistemological basis, secondly, explores the actual ‘evidence‐base’ of its tools in practice, and third, addresses sociological debates on EBM's regulatory impact. In the concluding section, I argue that a ‘Sociology of Standards’ opens up new research avenues by allowing scholars to challenge – or at least empirically investigate – a host of dichotomies. By doing so, the role of the patient in EBM can be reframed to allow for more productive empirical investigations.     

Taxonomic Chaos in the Confused Canadian Bioethics Industry: Apres Moi la Deluge

Abstract

This paper presents a conceptual analysis of a decade-old movement in Canada to purportedly raise ethical standards in research with human subjects, even though no systematic evidence has ever been presented either that there are serious ethical problems (especially in psychological research), or that the solutions imposed by the movement would improve the ethical situation, and not harm research's fundamental epistemological enterprise. The movement began with the activities of a committee from Canada's three major government research councils, the Tri-Council Committee (TCC). Like all ideological enterprises, it provided taxonomic chaos by, for example, confusing ethics with epistemology and feelings of discomfort concerning an area of investigation with intellectual expertise about that area. It also went beyond its American counterparts by calling its proposals a code of conduct rather than guidelines, and proposing that if a so-called research participant (i.e., a subject) did not like the investigator's hypotheses, she or he could withdraw “her” or “his” data. Even after the TCC and its various bureaucratic progeny retreated (though ambiguously) from these absurd positions, there has been a maintenance of such positions as the right and responsibility of IRBs to advise not only on the ethical issue of the treatment of subjects, but also on epistemological issues of research design. These issues require not only expertise in the requisite disciplines, but also an intimate familiarity with highly specialized sub-areas. In practical terms senior researchers may be able deal with the burgeoning North American bioethics industry and ignore the anti-epistemological and implicit principles according to which the industry operates. Younger researchers, who have no memory of how research used to be conducted, will succumb, and, in an epistemological sense, be “corrupted”. As the last phrase of my title suggests, senior researchers are currently acting like France's Louis XV.     

Absent fathers and 'moms', delinquent daughters and mummy's boys: Envisioning the postwar American family in Hitchcock's Notorious

Abstract

This article analyses Alfred Hitchcock's Notorious (1946 USA), paying particular attention to the film's deployment of the figures of the 'absent father' and the 'mom'. The article examines the intertextual relationships that connect these representational figures in the film to a range of other sites within the contemporary culture where anxieties concerning these figures were articulated. The article thus presents a contextualized reading of the film that connects the film to some of the key discourses of its moment and, through this reading, argues for the necessity for film scholars to consider the impact of extrinsic historical influences in shaping the narrative concerns of Hollywood films, and for a shift away from the traditional taxonomic conception of genre toward a more fluid conception that allows genres of discourse to be traced through unlikely groupings of films and other contemporary cultural artefacts.     

Beyond anonymity: temporality and the production of knowledge in a qualitative longitudinal study

Anonymisation processes are an embedded, if contested, element of ethical research practice. Current debates, highlighting various challenges to anonymity, suggest the importance of situated ethics and negotiated solutions. However, the strategies adopted are necessarily mediated by the researcher’s epistemological positions. Longitudinal studies with their extended timeframes and intensive research relationships tend to amplify ethical dilemmas and highlight the contingency and fluidity of ethical processes. Here we explore how temporality intersects with epistemology in a qualitative longitudinal (QL) study of organisations located in a contemporary policy context. We reflect on the confidentiality and anonymity dilemmas that develop and change over time, the strategies adopted and the implications of these for the type of knowledge produced. We suggest that QL studies entail flexibility within epistemological frameworks. These issues have particular resonance and consequences for researchers in light of contemporary pressures around public scrutiny of academic performance and wider debates around public sociology.     

JUNO (JASON REITMAN, 2007): A PRACTICAL CASE STUDY OF TEENS,FILM AND CULTURAL STUDIES

Jason Reitman's Juno (2007), the story of how a teenager handles her pregnancy, is the kind of film that leaves no one indifferent. Released at a time of conflicting discourses on sexual education, Reitman's film addressed the confusion experienced by teenagers as they came of age in a context where patterns of masculine and feminine behaviour were rapidly changing. In this essay I argue that Juno offers a complex understanding of the disorientation suffered by adolescents during the 1990s – a time when anti-sex discourses coexisted with an increasingly sexualized youth culture. This said, my intention is to move towards the film in a roundabout way by focusing, first, on why so many, supposed ‘cultural criticisms’ of films turn out to be so superficial. In this introductory section, the argument will be made for an approach in film analyses that takes full account of cinema as a visual medium. After exposing my critical stance, I shall draw nearer to the film itself by examining various of the overlapping contexts that, together, created a conducive space for its success – namely, the political scene; changing attitudes towards sex and gender; and most importantly, cinema's aesthetic dimension and the impact of genre conventions in the film-viewing experience. Once the complex diagram of differing (and sometimes contradictory) forces at work in Juno has been mapped out, my aim is to link these conjunctures to a detailed analysis of a key scene in the film as a means of demonstrating how the combination of film studies and Cultural Studies can operate as a method that eschews too easy, ideologically oriented, assumptions.