Tag Archives: criticalthought

Winding Down: Law and Society in Review (or, on the Unnaturalness of the State and Citizenship)

As the year winds its way to a close…

who are we kidding? Second semesters end with a crash and a bang, and we’re not winding down so much as rapidly deteriorating as we frantically write term papers and prepare (read: cram) for finals.

But I digress.

Ahem. As this year of CAP (and my sanity) disintegrates, ending abruptly as it does, I’ve been thinking about all that we’ve learned about law and the society it creates, or rather, society and the laws it constructs in order to determine itself.

The idea that has stood out to me most prominently, in all of our classes, has been that society, politics, history, and the socio-political norms that govern our day to day lives don’t really hold up to much scrutiny. As anthropology has worked to make us consider our own culture as foreign it has become increasingly easy for me to see how contrived our rules for living, or our cultural knowledge is. In these last few weeks, reading Brand’s novel and watching the beginning of Dirty Pretty Things in ASTU and watching the documentary Opre Roma in ANTH have further confirmed for me the theory I’ve been slowly developing this year:

Our societies are constructed on the basis of very tenuous principles and rules. We collectively choose to follow and impose these rules not because they are the most logical or the best, but because they have worked in the past and continue to serve the purpose we want them to: they grant stability and provide easy guidelines for how we will lead our lives. But the principles that govern our lives, often enshrined in the laws that we make and preserve, are not necessarily right. They are not unquestionable, and often, perpetuating them means perpetuating the mistakes that we and our ancestors have been making for centuries. Sometimes, the rules that we enshrine in law are unjust.

Justice and Law have an interesting relationship. On paper, the laws we have are intended to bring about justice. In reality, we run into murkier shades of right and wrong. One of the cases in which I think there is a massive disconnect between law and justice is that of the state and state determined citizenship.

As we discussed in our most recent class, it is nearly impossible to have a state without having outsiders— we often define citizenship in terms of what it is not. The creation of a state complete with citizens is predicated on the exclusion of outsiders, or foreign nationals. This dichotomy (citizens and foreigners) also often leaves room for a third category of people, those somewhere between foreigner and citizen, in the process of gaining citizenship in a new country.

It is easy to slip into believing that these divisions between citizen and foreigner or local and immigrant are natural, that they have always been and therefore will always be means of categorizing ourselves. But the state is, to begin with, a contrived entity. It doesn’t need to exist, it exists because we will it to. The arbitrary distinctions between those with citizenship and those without are as justifiable as the existence of states, but the question should not simply be “can we defend the existence of these categories?” but also “are these categories doing more constructive good than they do harm?”

When considering the issues that the state and its exclusions create that we’ve studied in this CAP stream, I’m inclined to believe that our rigid definitions of citizenship should be either heavily amended or dispensed with altogether. But I’ve yet to fully consider, of course, what such a change might look like.

One Last Word on Atwood and Neuman

It took me quite some time to put my finger on what frustrated me about Neuman’s article “‘Just a Backlash’: Margaret Atwood, Feminism and the Handmaid’s Tale“, after all, I agree with most of what Neuman points out in her argument: Atwood’s female characters can be read as symbolic, the personal is political, in every dystopia there is an implicit utopia, and vigilance is the key to staying abreast of rapidly changing political climates and the only way to ensure the world remains safe and free for everyone.

However, there is something that frightens me about reducing characters in dystopic novels to mere symbols. One of the great powers of literature, as we learned last semester, is that it speaks to people’s imaginations, allowing them to put themselves in the shoes of the characters they read about and thus picture themselves in circumstances they had never before imagined. And certainly one of the greatest rhetorical devices in The Handmaid’s Tale is just that- anyone and everyone can relate to Offred. Through Offred’s eyes readers can see all the injustice that happens in Gilead: the commander’s insistence that Gilead has made a huge improvement in the lives of many, Serena Joy’s vindictiveness, the horrors of the Red Centres, the pain of losing loved ones and wondering every day if it is their faces that hide behind blood-stained sacks on salvaging hooks. Even after Offred ceases, as Neuman claims, to be vigilant, readers still share in the terrifying spectacle of the salvaging and experience a chill of fear when discovering Ofglen is no longer the Ofglen she ought to be.

One of the greatest weapons in a dystopia’s arsenal is reducing people to symbols. A child playing happily on a lawn is symbolic of the success of the regime, and of other children, all of whom are surely similarly happy under the government. Hung “gender traitors” or other enemies of the state are symbolic of the regime’s strength, and it’s capacity to destroy those who stand in its way. A pregnant woman in a red dress symbolizes hope that one day there might be a generation of children that no longer remembers infertility, families that never struggle to conceive. The problem with turning people into symbols is that it erases their individuality and denies them the chance to represent themselves as they see themselves. Reducing people to symbols robs them of their story.

The personal is political, but the political is personal too. Reducing Offred to a symbolic warning sign to those of us who become easily complacent in our (relatively) egalitarian times is a denial of her complexity, but it is worse than even that. Reducing Offred’s story to a warning robs the story of the same impact that reading is trying to create. The strength of Offred’s warning comes from her realness- through Offred we see that oppression happens to people like us, pedestrian, fallible, complacent, peaceful, intelligent and curious people who never see grey skies approaching in time to really save themselves. Offred’s complexity is what lends her story credibility, and her unique experience and individuality is what makes her pain unbearable to watch. In the end, a symbolic reading of Offred may be possible, but it also does the very thing that the Gileadian regime was trying to do in the first place: silence a unique voice by reducing it to one attribute of many.

Are Human Rights the New God?

Let’s be frank here. Academia, at least the most verbal parts of it, is really clear about how it feels when it comes to “God” (God with a capital “G,” you know, the theistic, PKG (all Powerful, Knowledgeable and Good), Biblical kind of God), especially when that God is being used to justify committing atrocities in order to advance a person, government or countries aims and status in the world- we don’t like him and we can’t stand it when his name is bandied about as an explanation for why this country went to war or that government decided to pass laws which separated children from their parents. Our unmistakable intellectual and emotional bias against God leaves the fraction of our population with professing beliefs in a higher deity of any sort sheepishly hanging their heads and remaining categorically quiet as we list off the crimes committed in the name of this God.

But there was a time when things were quite different- when God was the primary motivation for all action and thought, the explanation for war and justification for interventions. Everyone, from intellectual to court jester stood in awe of this God or kept their opinions to well to themselves- the idea of challenging God was preposterous. God was used to suit their purposes, not the other way around, and everyone was pretty content.
Reading the UDHR I am reminded, perhaps oddly, of another document that defined the discourse of its day and age- Inter Caetera.

Inter Caetera (a papal bull released in 1493) granted the Spanish possession of the New World, provided that they agreed to convert the locals to Catholicism. It defined future dialogue regarding Spanish takeover in the Americas in that regardless of whether a man took issue with the behaviour of the Spanish in the New World or supported it, he defended his opinion based on whether or not the Spanish were going to successfully convert the locals. When Las Casas recommended a change in Spanish policy it was because what they were doing was wrong in the eyes of God, and therefore were not inn agreement with the decrees of Inter Caetera. And when in response people argued that the actions taken in the New World were in the best interest of advancing the kingdom of God, they were asserting that they had been complying with the decrees of Inter Caetera. No one asked themselves if complying with God’s objectives and principles was important- God was important and that was the end of it. Regardless of what you thought or argued God stood for, he stood for something and it was important you stand there with him.

God is history, as far as many thinkers in the Twenty-first century are concerned. We’re all about Human Rights now. Human Rights justify going to war. Human rights justify the enlargement of the American nuclear weapons arsenal. Human Rights get violated and we drop bombs in response. Nobody sits around asking if Human Rights are good- of course they are! How could we ever argue against Human Rights? But we can use the UDHR to argue against military action in defence of Human Rights when that action jeopardizes the safety of civilians overseas. Both good and bad are done in the name of our inalienable rights as humans. Wars are waged and wars are prevented, and all the while people exploit the UDHR for their own personal gain. We all agree that Human Rights are good, but what happens when they go the way of God, becoming defunct, something that the academics of tomorrow will laugh at?

Generations from now, people may scoff. They may sit around and try to be fair to our primitive ways of thought. Maybe they’ll read about the war in Syria and say to themselves “it really couldn’t have been helped though, could it? They just didn’t know any better. They honestly believed that they were doing the right thing, rabbiting on about the importance of human rights and such.”

Please don’t misunderstand- I’m one hundred percent in favour of the UDHR and our inalienable rights. But any argument that can’t be debated is no argument at all. The UDHR kind of plays the God card in it’s own sense- it’s virtually impossible to disagree with, but vague enough that people can exploit it for their own aims. It’s all too easy to imagine the people looking back on us the same way we look back on the Spaniards taking over the Americas and saying to themselves “My God, I can’t believe they were such self-centred idiots.”