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performing
statelessness
in
europe
S. E. WILMER
Performing Statelessness in Europe
S.E. Wilmer
Performing
Statelessness in
Europe
S.E. Wilmer
Trinity College Dublin
Dublin, Ireland
I wish to thank some of the institutions and individuals who have helped
me in developing material for this book, particularly my colleagues in the
Drama Department and the Long Room Hub at Trinity College Dublin
and the Research Centre for Interweaving Performance Cultures at the
Freie Universität, Berlin. I am also indebted to many people who read and
commented on parts of this work in progress or offered advice: Azadeh
Sharifi, Samee Ullah, Warsame Ali Garare, Marco Galea, Vicki Cremona,
Fiona Macintosh, Erica Fischer-Lichte, Audronė Žukauskaitė, Christel
Weiler, Tania Wilmer-Tsui, Jean Graham Jones, Jisha Menon, David
Savran, Jenni Schnarr, Anna Lohse, Katrin Wächter, Herman Grech,
Nicolas Stemann, Ernest Allan Hausmann, Marina Carr, Anthony
Haughey, Holger Hartung, Maxi Obexer, Neil Blackadder, Ahmed Shah,
Nadia Grassmann, Dennis Kennedy, Brian Singleton, Matthew Causey,
Janelle Reinelt, Florian Borchmeyer, Janez Janša, James Harding, Bruce
McConachie, Freddie Rokem, Maria Slowey, Evan Winet, Rhona Trench,
Anika Marschall, Sruti Bala, Soldedad Pereyra, Isabelle Redfern, Emma
Cox, Alison Jeffers, Charlotte McIvor, Jason King, Lily Kelting, Katrin
Sieg, Jamie Trnka, Torsten Jost and Marja Wilmer. I also want to thank
Orla McGinnity, who proof-read the manuscript, Elske Janssen, who for-
mulated the index, and Tomas René and Vicky Bates at Palgrave Macmillan.
I am also grateful to Laura Gröndahl, the editor of Nordic Theatre Studies,
for permission to reuse parts of ‘The Spirit of Fluxus as a Nomadic Art
Movement’ published in Nordic Theatre Studies in 2014.
v
Contents
1 Introduction 1
vii
viii Contents
10 Conclusion 209
Bibliography 213
Index 233
List of Figures
Fig. 2.1 Ruth Negga as Antigone in the world premiere of The Burial at
Thebes by Seamus Heaney, Abbey Theatre, 2004. Photo:
Tom Lawlor 18
Fig. 2.2 Charges (Die Schutzbefohlenen) by Elfriede Jelinek directed by
Nicolas Stemann, Thalia Theater, Hamburg, 2014. Photo: Krafft
Angerer35
Fig. 3.1 Poster for Lampedusa, St. James Cavalier Theatre, Valetta, 2016.
Design: Faye Paris 63
Fig. 4.1 Andrea Thelemann on a revolving stage in Illegal Helpers (Illegale
Helfer) by Maxi Obexer at Hans Otto Theater, Potsdam, 2016.
Credit: Hans Otto Theater / H. L. Boehme 78
Fig. 5.1 Poster for Laundry, The Magdalene Laundry, Sean MacDermott
Street, Dublin, 2011. Photo: Owen Boss 108
Fig. 5.2 Sorcha Kenny in Laundry, directed by Louise Lowe, Dublin,
2011. Photo: Pat Redmond 110
Fig. 6.1 The Situation, devised by Yael Ronen and company, Maxim Gorki
Theater, Berlin, 2016. Photo: PR/Ute Langkafe/MAIFOTO.
(From left): Orit Nahmias, Maryam Abu Khaled, Yousef Sweid,
Ayhan Majid Agha, Karem Daoud, Dimitrij Schaad 127
Fig. 7.1 NSK, NSK State Sarajevo, 1995. Photo: IRWIN archive 144
Fig. 8.1 Sébastien Brottet-Michel, Serge Nicolaï, Sarkaw Gorany,
Dominique Jambert, Maurice Durozier, Virginie Colemyn,
Stéphanie Masson, Alba Gaïa Kraghede-Bellugi. The Last Caravan
Stop (Le Dernier Caravansérail (Odyssées)): Origines et destin,
‘ Sur la route de l’Australie’. Création collective du Théâtre du
Soleil dirigée par Ariane Mnouchkine, Cartoucherie, 2003.
© Michèle Laurent 178
ix
CHAPTER 1
Introduction
‘Our age […] is indeed the age of the refugee, the displaced person,
mass immigration’
—Edward Said (1984, p. 159)
First, the many member states have vastly different languages, cultures, cus-
toms, and identities, all of which pose significant obstacles to shifting
national and political allegiances to Brussels. Second, the member states
have entrenched constitutional and judicial traditions that they are not will-
ing to give up. Finally, and perhaps most commonly cited, EU member
states do not seem to be able to work together when it comes to foreign and
security policy, thus preventing the EU from projecting itself as a coherent
international player.
For example, despite being in the Schengen zone, certain states (such
as Austria, Denmark, France, Germany, Norway, Poland and Sweden)
reintroduced border controls in 2016 following a large influx of refugees
in 2015.
Because the need for asylum has been increasing and the problem is not
being solved by political means, artists have been using theatrical perfor-
mance to intervene in the political arena to offer insight and new perspec-
tives. Through specific examples and case studies, this book assesses
strategies by creative artists to address matters relating to social justice.
Chapter 2 considers adaptations of Greek tragedy that reflect traditional
ethical values from ancient Greece that have been reemphasized recently
by philosophers such as Emmanuel Levinas and Jacques Derrida. Modern
versions of such plays as Aeschylus’ The Suppliants recall the ancient Greek
duty to welcome a guest and provide hospitality. They confront the situa-
tion whereby the EU, rather than welcoming refugees, has generally tried
to discourage or impede them, thereby gaining the reputation of ‘fortress
Europe’.
Many European countries have closed their borders, reinforced and
extended their border defences, banned air and sea travel for those with-
out visas,3 and introduced intimidating practices. Following the creation
of the Schengen zone,4 the EU created the European Agency for
Management of the External Borders (Frontex) to monitor its external
borders. With a budget of many millions of euros, Frontex, based in
Warsaw, oversees border control around the entire European Union.
Rather than safeguarding the rights of refugees, it has focused its efforts
INTRODUCTION 3
on their interception and deportation (see Cross 2011, p. 58). For exam-
ple, in 2006 Frontex launched Operation Hera to prevent migration from
Morocco, Senegal and Mauritania to the Canary Islands. According to
Frontex (2017), ‘The route between Senegal, Mauritania and Morocco
and the Spanish Canary Islands was once the busiest irregular entry point
for the whole of Europe, peaking at 32,000 migrants arriving on the
islands in 2006.’ With the help of the Spanish, Portuguese, Italian and
Finnish governments and ‘following bilateral agreements between Spain
and Senegal and Mauritania, including repatriation agreements’ (Frontex
2017), Frontex used planes and boats and ‘the installation of the SIVE
maritime surveillance system’ (Frontex 2017) to intercept boats leaving
the African coast, reducing the number of migrants to a mere 170 by
2012. By blocking the Atlantic Ocean route to Europe, Frontex thereby
forced refugees to cross North Africa by land and then to cross the
Mediterranean Sea by boat. More recently, Frontex has concentrated on
blocking the humanitarian route through the Balkans, and the routes from
Turkey to Greece. This has resulted in more refugees trying to make the
deadly journey from Libya to Italy. Like the women in Aeschylus’
Suppliants, refugees surviving the boat trip across the Mediterranean
arrive in Europe to request protection. However, European leaders tend
not to be as accommodating as King Pelasgos of Argos.
Modern versions of The Suppliants, such as Elfriede Jelinek’s Charges
(Die Schutzbefohlenen), demonstrate the hardship encountered by refu-
gees once they arrive in Europe to seek asylum from unsympathetic gov-
ernment officials. Jelinek’s version was inspired by events in Austria where
a group of refugees took sanctuary in a central Viennese church and went
on hunger strike, demanding better conditions. Jelinek uses Aeschylus’
play as little more than a pretext for critiquing governmental policies and
nationalist attitudes towards refugees. Her play has become one of the
most celebrated pieces to deal with refugee issues in German-speaking
theatres, having been performed in more than ten separate productions
between 2014 and 2016.
Chapter 3 discusses plays that encourage empathy and identification
not only with refugees but also with those offering hospitality. Two spe-
cific examples, Donal O’Kelly’s Asylum! Asylum! and Anders Lustgarten’s
Lampedusa, depict fictional characters who have experienced extreme dan-
ger in their lives. In Asylum! Asylum! the protagonist is a refugee who has
been tortured in his home village in Nigeria and tries unsuccessfully to
obtain asylum in Ireland. In Lampedusa a refugee from Mali survives a
4 S.E. WILMER
boat trip to Lampedusa and waits desperately for his wife to arrive by the
same route. Interestingly, European helpers become the pivotal figures in
the plays as they undergo a transformation in their values with which the
spectators are encouraged to identify. Amongst other productions, this
chapter examines a production of Lampedusa in Malta that was particu-
larly apposite given Malta’s proximity to the island of Lampedusa. Asylum!
Asylum! and Lampedusa demonstrate the damage done to individuals by
the restrictive EU policies, but they indicate hope for a possible change in
attitudes.
Chapter 4 reviews various types of documentary theatre that record
actual events in the lives of individual refugees, relying mainly on inter-
views and verbatim speeches. Such plays try to create a sense of authentic-
ity in their representations even when, as in Maxi Obexer’s Illegal Helpers
(Illegale Helfer), the scenes, based on real people and events, have been
slightly modified for dramatic purposes. Like Illegal Helpers, which focuses
on helpers in the host country who act illegally to assist immigrants in
danger of being deported, performances such as Tribunal 12 and Case of
Farmaconisi resemble judicial inquiries to investigate how justice is denied
in current legal procedures. Other types of documentary theatre include
productions devised and performed by refugees who recount their past
experiences and ambitions, using their own bodies as evidence, such as in
Letters Home by the Refugee Club Impulse in Berlin and Dear Home Office
by Phosphorus Theatre in London.
Chapter 5 takes the book in a somewhat different direction with an
analysis of an unusual type of asylum where unwed Irish mothers were
confined in institutions, deprived of their children and identities, and used
as slave labour. The chapter indicates the resemblance of the unwed moth-
ers to refugees in their unlimited detention and their reduction to a social
status equivalent to what Giorgio Agamben calls ‘bare life’. It also demon-
strates how theatrical and filmic performances as well as journalistic
research have shone a light on those who were rendered invisible to soci-
ety and have served as a means to illuminate and denounce past practices.
Films such as Philomena, with the Oscar-nominated Judy Dench in the
role of Philomena Lee, and dramas such as the deeply disturbing Laundry,
directed by Louise Lowe and performed in an immersive style in a former
Dublin convent, have awakened the Irish public to a misguided practice
(which finally ended in 1996) and prompted a protest movement demand-
ing transparency and redress. As the Irish government has only begun to
investigate the practices of these institutions and the extent of the
INTRODUCTION 5
unmarked graves of the mothers and their babies throughout the country,
it is too early to predict the results of this inquiry.
Chapter 6 examines plays that polarize characters and reveal the prob-
lem of statelessness in greater relief. Rancière’s concept of dissensus is
deployed here to explore how Yael Ronen, for example, devises dialectical
material for characters with opposing viewpoints and backgrounds in her
productions of Third Generation: a Work in Progress and The Situation,
and how Caryl Churchill divides the audience in her controversial play
Seven Jewish Children. The chapter also discloses a tactic of cross-
identification in such pieces as Robert Schneider’s Dirt and Amos Elkana’s
The Journey Home to create a dissensus in which the central characters,
based on real people, identify problematically with another group in soci-
ety, decentring the basis of national, religious and ethnic identities. In the
case of Dirt, an Iraqi illegal immigrant named Sad identifies with the racist
values of German nationalists. In The Journey Home, the Arab protagonist
converts to Judaism to raise a Jewish family, but when his country of
Palestine becomes divided, he converts back to Islam to raise a Muslim
family. By creating dissensus and cross-identification, these plays pose
social and political problems for the spectators to consider.
Chapter 7 employs subversive identification as a strategy to exaggerate
and decry nationalist policies. Performance artists NSK, Janez Janša,
Christoph Schlingensief, and the Centre for Political Beauty have pro-
vided startling images to call attention to the authoritarian role of the
nation-state. Despite avowedly emphasizing European over national iden-
tity in order to reduce nationalism and nationalist policies, the EU has
done little to counteract the exclusive privileges of citizenship. By continu-
ing to stress the rights of the citizen over the human rights of individuals,
the EU relegates the asylum-seeker to a liminal state or a kind of no man’s
land. As a non-citizen and thus virtually a non-person, the asylum-seeker
is vulnerable to deportation at any time. NSK in Slovenia has parodied the
exclusionary practices of the nation-state by creating their own nation in
time rather than in territory and by establishing their own embassies and
issuing their own passports. Similarly, the Janez Janša trio has critiqued
state identity papers by changing their names to that of their right-wing
Prime Minister and displaying their new identity cards as works of art.
Christoph Schlingensief has lampooned the xenophobic policies of the far-
right FPÖ party in Austria that entered a coalition government in 2000 by
staging Please Love Austria as a big brother event. Housing refugees for a
week in an industrial container on a main square in Vienna, Schlingensief
6 S.E. WILMER
invited the public to vote on whom to deport. Like the Yes Men in
America, the Centre for Political Beauty (CPB) in Berlin has impersonated
government officials to announce changes in government policies on
immigration. For example, the CPB publicized a plan that they attributed
to an Austrian government official (and which was reported by Al Jazeera:
see Manisera 2015) to support the needs of refugees by constructing a
230-kilometre Jean-Monnet Bridge across the Mediterranean from
Tunisia to Italy at a cost of 230 billion euros to be completed by 2030. By
parodying government policies and over-identifying with right wing poli-
ticians, these artists have called into question normative values and
policies.
Chapter 8 reviews two contrasting artistic groups, Fluxus and the
Théâtre du Soleil, that employ a nomadic approach as an alternative
behaviour. By applying Rosi Braidotti’s analysis of nomadic subjectivity,
the chapter reveals how these two groups exhibit specific features favoured
by Gilles Deleuze and Félix Guattari, such as transnationalism, communal
property, becoming minoritarian, originality of approach, and desubjecti-
vation. Although the Théâtre du Soleil is a tightly organized professional
group compared with the loosely structured and amateur policies of the
Fluxus artistic movement, they exhibit many nomadic features. Both have
been experimental in developing new artistic forms and in their original
ways of thinking, and both have been egalitarian in welcoming different
nationalities and ethnicities into their company. Although Fluxus was
based in New York, their inaugural concerts took place in Wiesbaden, and
subsequent events occurred throughout Europe, with regional headquar-
ters in Western and Eastern Europe and strong links with Asia. The
Théâtre du Soleil, while based in Paris, travels throughout the world, and
the members of its company hail from a variety of lands and cultures,
speaking many different languages. Their examples of openness and col-
laborative procedures offer encouraging models for a more accommodat-
ing society. In particular the Théâtre du Soleil addresses the dangers and
hardships of migration through its production of The Last Caravan Stop
(Le Dernier Caravansérail). In one scene a boat of refugees, having sur-
vived huge storms in crossing the sea, is ‘intercepted by Australian border
guards descending from the sky, machine-men in black helmets and gog-
gles, dangling unnaturally from the air as their artificially amplified voices
intone over the roar of helicopters, “You are illegally in these waters! You
must turn back!”’ (Playgoer 2005). The scene was based on an incident in
2001 when an Indonesian boat carrying more than 400 immigrants was in
INTRODUCTION 7
Notes
1. For the recent development of a slave trade and slave auctions in Libya, see
Graham-Harrison (2017).
2. See Guterres (2015).
3. The European regulation (EU Directive 200l/51/EC) prevents refugees
from flying directly to an EU country and makes airlines and shipping lines
financially responsible for the return of passengers arriving in EU countries
without valid travel documents, as well as being potentially subject to a
large fine (EML 2001). By this regulation the EU effectively requires the
airlines and shipping lines to vet passengers to identify refugees. Thus the
airlines and shipping lines have been reluctant to take any passengers with-
out valid travel documents, and this had led to unfortunate consequences.
In one case in 1992, according to Andy Storey (1994), Director of the
Irish Refugee Council, ‘seven stowaways discovered on a boat to France
INTRODUCTION 9
Bibliography
Agamben, G. (2005) State of Exception, trans. K. Attell (Chicago: Chicago
University Press).
BBC (1994) ‘Asylum Seekers Flee Detention Centre’, 6 June. http://news.bbc.
co.uk/onthisday/hi/dates/stories/june/6/newsid_2499000/2499099.stm,
date accessed 29 April 2017.
Butler, J. (2004) Precarious Life: The Powers of Mourning and Violence (New York:
Verso).
Davis Cross, Mai’a K. (2011) Security Integration in Europe: How Knowledge-
based Networks Are Transforming the European Union (Michigan: University of
Michigan Press).
EML (2001) ‘European Migration Law: Carriers Sanctions’, 28 June. http://
www.europeanmigrationlaw.eu/en/immigration/366-directive-200151ec-
carriers-sanctions.html, date accessed 6 February 2017.
Frontex (2017) ‘Western African Route’. http://frontex.europa.eu/trends-and-
routes/western-african-route/, date accessed 29 April 2017.
Graham-Harrison, E. (2017) ‘Migrants from West Africa Being Sold in “Libyan
Slave Markets”’, The Guardian, 10 April. https://www.theguardian.com/
world/2017/apr/10/libya-public-slave-auctions-un-migration, date accessed
29 April 2017.
Guterres, A. (2015) ‘Opening Remarks at the 66th Session of the Executive
Committee of the High Commissioner’s Programme’, UNHCR (Geneva), 5
October. http://www.unhcr.org/cgi-bin/texis/vtx/search?page=search&doc
id=561227536&query=refugees%20october%202015, date accessed 30
October 2015.
Howard, J. (2001) ‘Election Policy Speech’, 28 October. http://australianpoli-
tics.com/news/2001/01-10-28.shtml, date accessed 29 April 2017.
10 S.E. WILMER
tuneful and accessible’. The director Moni Ovadia (in Taplin 2015)
commented on the relevance of his production to the political situation
without having to alter the text:
We knew from the very beginning that our Suppliants had to be politically
and socially relevant and especially connected with the dramatic problem of
present immigration of people landing on our shores asking to be received.
It was not only a demand of ourselves, the reality itself was asking it,
Aeschylus himself keeps asking it from the depth of times, from the core of
his tragedy. There was no need to show it explicitly.
Antigone
In addition to contemporary productions that conjure up images of state-
less persons through performances of the original texts, contemporary
playwrights have adapted ancient tragedies to emphasize the plight of the
dispossessed.1 Antigone is a play that sometimes serves as a vehicle for call-
ing attention to the position of the stateless person and has been adapted
to comment on the current refugee situation. She has been used as an
emblematic figure to embody the excluded, the dispossessed or the Other
in society. While the chorus refer to her as autonomos because she favours
her own laws instead of those of the state, she refers to herself as metoikos
(Sophocles 1996, pp. 42–3). It is interesting that, despite being a member
14 S.E. WILMER
of the royal household of Thebes, she uses the term metoikos, which
Liddell and Scott (1940, p. 1121) translate as a ‘settler from abroad, alien
resident in a foreign city’. One wonders in what way she considers herself
to be a foreign settler or an alien resident, situated somewhere between
being accepted and not accepted in society. Is it because her father,
Oedipus, had been exiled from Thebes and she therefore feels half-exiled?
Or is it because she is caught between the laws of the state and the laws of
the gods in wanting to bury her brother? Is it because her ontological
status is uncertain as a result of her incestuous family relationships? Or is
it because she is in a liminal state between life and death as she goes off to
be buried alive? In any case, as discussed by Butler (2004) and Castro
(2013), it seems evident that she is referring to a psychological rather than
a political status, a state of vulnerability and precarity in her attempt to
mourn for the ungrievable body of her brother.
However, it is important to mention that recent interpretations, which
tend to provide Antigone with the higher moral ground and the more
sympathetic position, are not inevitable. For example, Hegel regarded the
play as pitting the law of the state against the law of the family in an equal
balance. He concluded that Antigone was a danger to the state and that
Creon was justified in defending the laws of the state over the concerns of
the individual. Generalizing from his discussion of Antigone, Hegel
(1977, p. 288) referred to women, because of their concern for individual
family members, as ‘the everlasting irony […] of the community’. Hegel’s
views continued to influence nineteenth- and twentieth-century interpre-
tations of Antigone, as George Steiner (1984) has shown.2 Jean Anouilh’s
version, produced in Nazi-occupied Paris in 1944, depicted Antigone as
an irrational and uncompromising character juxtaposed with the more
mature and amenable figure of Creon who (like Marshal Pétain of the
Vichy Regime) has to make uncomfortable decisions in a war-torn coun-
try. Creon offers to ignore and hide Antigone’s crime. But when she
refuses, he has her executed. As detailed by Fleming (2006, p. 168), the
production caused a major controversy in Paris, with the collaborationist
press more favourably disposed towards the performance than those in the
resistance.3 More recently, Jacques Lacan (1992, p. 263) viewed Antigone
as ‘inhuman’ and as exhibiting an uncontrollable death drive: ‘In effect,
Antigone herself has been declaring from the beginning: “I am dead and
I desire death” […] she pushes to the limit the realization of something
that might be called the pure and simple desire of death as such. She incar-
nates that desire’ (Lacan 1992, pp. 281–2).4 Slavoj Žižek (2001, p. 163)
RECONTEXTUALIZATION AND ADAPTATION OF ANCIENT GREEK DRAMAS 15
took this Lacanian approach even further, considering her actions and her
death wish to testify to a self-destructive ‘monstrosity’.5
Despite the Hegelian interpretation of the play, which demonstrates
the superior claim of the community over that of the individual, as well as
the proto-fascist adaptation by Anouilh and the Lacanian psychoanalytic
approach that portray Antigone as determined to die, recent productions
have often represented her as defending human rights in defiance of an
oppressive and arbitrary authority. In particular they have used the play to
call attention to the oppressive conditions in specific recent contexts,
almost inevitably stressing the rectitude of Antigone’s position.
Some productions in the last few decades have employed Antigone as
a kind of homo sacer. Giorgio Agamben discusses the notion of homo sacer
as ‘nuda vita’—(variously translated as ‘bare life’, ‘mere life’ or ‘naked
life’). It implies a life with no ethical value, thus a person who can be
killed with impunity. It is originally a concept in Roman law that permits
the killing of people with this exceptional legal status. In the modern
world, Agamben (1998, pp. 126–80) applied the notion of homo sacer
particularly to Jews in concentration camps, and also to other people of
uncertain legal status such as refugees, asylum-seekers, Roma, the men-
tally ill and illegal immigrants. More recently, Judith Butler (Butler and
Spivak 2007, pp. 40–4) has applied the term to stateless people (for
example Palestinians), and suspected terrorists, especially those detained
in centres such as Guantánamo Bay.6
In The Island, devised by Athol Fugard, John Kani and Winston
Ntshona and staged first in Cape Town and London in 1973, the two
prisoners on Robben Island, after a hard day’s meaningless labour, use
their evenings in their cell to prepare for a truncated performance of
Antigone. Winston, who takes the part of Antigone in the play within a
play, has been sentenced to life imprisonment for his involvement in guer-
rilla activities against the apartheid regime. In the isolation of a prison cell
on an island off the coast of Cape Town where he expects eventually to
die, Winston holds a status resembling the living death of Antigone impris-
oned in her cave. In the character of Antigone, he concludes the play with
a speech that merges his own situation with that of hers: ‘I go now on my
last journey. I must leave the light and day forever for the Island, strange
and cold, to be lost between life and death. So to my grave, my everlasting
prison, condemned alive to solitary death […] I go now to my living
death, because I honoured those things to which honour belongs’ (Fugard
1993, p. 227).
16 S.E. WILMER
Have I to be
The woman of the house and take her orders? (Heaney 2004, p. 22)
And later:
Fig. 2.1 Ruth Negga as Antigone in the world premiere of The Burial at Thebes
by Seamus Heaney, Abbey Theatre, 2004. Photo: Tom Lawlor
RECONTEXTUALIZATION AND ADAPTATION OF ANCIENT GREEK DRAMAS 19
And later:
Solidarity, friends,
Is what we need. The whole crew must close ranks.
The safety of our state depends upon it.
Our trust. Our friendships. Our security. (Heaney 2004, p. 10)
He is forbidden
Any ceremonial whatsoever.
No keening, no interment, no observance
Of any of the rites. (Heaney 2004, p. 11)
The phrase ‘no observance of any of the rites’ in the performance of the
play echoed the denial of human rights and dignity to suspected terrorists.
The US military was torturing prisoners, denying them access to lawyers,
and justifying such treatment because of the exceptional conditions (state
of exception) engendered by terrorism. Slavoj Žižek (2002, p. 105) com-
mented at the time:
[T]he topic of torture has persisted in 2002: at the beginning of April, when
the Americans got hold of Abu Zubaydah, presumed to be the al-Qaeda sec-
ond-in-command, the question ‘Should he be tortured?’ was openly discussed
in the mass media. In a statement broadcast by NBC on 5 April, Donald
Rumsfeld himself claimed that his priority is American lives, not the human
rights of a high-ranking terrorist, and attacked journalists for displaying such
concern for Zubaydah’s well-being, thus openly clearing the way for torture.
The journalist Jonathan Alter (in Žižek 2002, p. 102), sympathizing with
the general trend away from human rights after 9/ll, argued in Newsweek:
Like George Bush, who denied human rights and, more specifically, the
applicability of the Geneva Convention (relating to prisoners of war) to
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theory requires them to be, namely honest interpreters of the popular
will instead of crooked agents of sinister influence into which they will
otherwise degenerate. Taking the most moderate view of the benefits
to arise from such reforms, therefore, it would seem a clear duty of
all patriotic citizens and statesmen to work first for the publicity of
campaign contributions and afterwards for such other restrictions
upon their collection and use as experience may suggest.
FOOTNOTES:
[67] “Present Discontents,” Bohn ed. vol. i, p. 375.
[68] Cf. Jane Addams, “Democracy and Social Ethics,” ch. vii.
[69] Cf. “The Rise and Growth of American Politics,” p. 312.
[70] Cf. “The Rise and Growth of American Politics,” p. 323. He
adds that: “No other nation in the world is rich enough for the
political experimentation which the United States is carrying on;
but when the end crowns the work, its cost may be found to have
been small in comparison with the value of the recompense.”
[71] Nevada was the first state to enact legislation of this
character. (L. 1895, ch. 103; repealed, 1899, ch. 108.) In the
same year a Minnesota law (ch. 277) presented a very detailed
definition of legitimate expenses. The laws of Pennsylvania
(1906, ch. 17), and of New York (1906, ch. 503), are very
significant. Professor Merriam sums them up as follows: “Both
provide that no expenses shall be incurred except of the classes
authorised in the act. The New York list, which is rather more
liberal in this respect than that of Pennsylvania, includes rent of
halls and compensation of speakers, music, and fireworks,
advertisement and incidental expenses of meetings, posters,
lithographs, banners, and literary material, payments to agents to
supervise the preparation of campaign articles and
advertisements, and furnish information to newspapers; for
advertising, pictures, reading material, etc.; for rent of offices and
club rooms, compensation of clerks and agents; for attorneys at
law; for preparation of lists of voters; for necessary personal and
travelling expenses of candidates and committeemen; for
postage, express, telegraph, and telephone; for preparing
nominating petitions; for workers and watchers at the polls, and
food for the same; for transportation of the sick and infirm to the
polls.” (“N. Y. State Library Review of Legislation, 1906,” p. 160.)
Cf. also Virginia, L. 1903, ch. 98; South Dakota, L. 1907, ch. 146;
and California, L. 1907, ch. 350.
In 1907, New York took the further step of limiting the amount of
expenditure for a given purpose, ch. 398 of that year providing
that not more than three carriages in a city district, nor more than
six in other districts, should be used for the transportation of
voters. Acting on the same principle Massachusetts in 1908 (ch.
85), prohibited the employment by political committees of more
than six persons in a voting precinct or city ward. As the lavish
expenditure of campaign funds for service, rents, and
commodities may become nothing more than a veiled form of
vote buying, the significance of the action of New York and
Massachusetts is apparent. The English Act of 1883 contains
similar provisions.
The New Jersey law of 1906 (ch. 208) contains a long list of
prohibited expenditures, including payments for entertainment, for
fitting up club rooms for social or recreative purposes, or
providing uniforms for any organised club, and the payment for
insertion of articles in newspapers and magazines unless labelled
as paid articles.
[72] Cf. also the Oregon law proposed by initiative petition and
adopted June 1, 1908.
[73] New York now requires full reports from committees also
(ch. 502, L. 1906).
[74] Iowa, L. 1907, ch. 50, followed New York’s example.
[75] “Republican Campaign Text Book,” 1908, p. 25. In his
message at the beginning of the second (i. e., the first regular)
session of the Sixty-first Congress on December 7, 1909,
President Taft returns to the subject as follows:
“I urgently recommend to Congress that a law be passed
requiring that candidates in elections of Members of the House of
Representatives, and committees in charge of their candidacy
and campaign, file in a proper office of the United States
Government a statement of the contributions received and of the
expenditures incurred in the campaign for such elections, and that
similar legislation be enacted in respect to all other elections
which are constitutionally within the control of Congress.”
The passage in the foregoing, italicised by the writer, is
noteworthy in that it indicates a step in advance by the president.
His speech of acceptance referred to contributions only, whereas
the message of December 7, 1909, demands publicity of
expenditures as well as of party income.
[76] New York Tribune, November 24, 1908, p. 3. The
Cincinnati Enquirer of November 22, 1908, said that
approximately 20,000 persons contributed to the Republican fund.
Possibly the discrepancy is due to the inclusion in the latter figure
of contributors to the finance committees of the Republican
National Committee in the several states, which as noted above
collected $620,150.
[77] Cincinnati Commercial-Tribune, November 23, 1908.
According to the New York Tribune of November 24, 1908, p. 3, in
which is given a list of contributors to the Republican fund in sums
of $500 and upward the larger contributors to the Republican fund
were as follows: C. P. Taft, $110,000; Union League Club, New
York, $34,377, Larz Anderson and G. A. Garrotson, each
$25,000; Union League Club, Philadelphia, $22,500; Andrew
Carnegie and J. P. Morgan each $20,000. In addition to these
there were fifteen contributors of sums of between $6000 and
$15,000 inclusive; twenty-four contributors of $5000 each; thirty-
four of sums between $2500 and $4000 inclusive; twenty of
$2000 each; twenty-eight of sums between $1250 and $1500
inclusive; one hundred and nineteen contributors of $1000 each;
ten of between $750 and $900 inclusive; and two hundred and
fifty contributors of $500 each.
The Democrats made a preliminary report of contributions on
October 15, and daily reports thereafter until the election. As the
newspapers did not state clearly whether the later figures
regarding contributions were inclusive or additional it is difficult to
summarise the larger contributions accurately. According to the
New York Times of October 14, Tammany Hall sent a check for
$10,000 to the Democratic National Committee. The general
report issued October 15, showed the following contributors in
excess of $2000: C. J. Hughes, $5000; W. J. Bryan, Profits of the
Commoner, $4046; Nathan Straus, $2500; National Democratic
Club, $2500; Norman E. Mack, $2000; Sen. W. A. Clark, $2000;
George W. Harris, $2000. Some of the foregoing were reported
as making contributions after October 15, and if other
contributions reported at various times were not repetitions the list
of contributors of $2000 and over would be somewhat increased.
On October 29, the New York Times reported a gift of $10,000
from Herman Ridder, Treasurer of the Democratic Committee,
and gifts of $9000 each from his three sons, Victor, Bernard, and
Joseph. A contribution of $3000 from E. F. Goltra was also
reported on this date. In addition to the foregoing, five
contributions of between $1000 and $1500, and thirty-three of a
thousand dollars each were reported. According to the Cincinnati
Commercial-Tribune of October 16, Democratic newspapers
collected almost $100,000 out of the $248,000 obtained up to that
date. The New York Times of October 31, noted that one paper,
The New Orleans States, had collected a total of $22,000, said to
be the record contribution for any one newspaper.
[78] “The Dollars Behind the Ballots,” World To-day, vol. xv
(1908), p. 946.
[79] Cf. p. 145, supra.
[80] As final corrections were being made upon these pages
the continental press announces the passage of a publicity
measure by Congress. Unfortunately the writer is unable to
secure details upon which to base a judgment of the new law.
That publicity before election was not provided for is, in his
opinion, to be regretted. On the other hand the enactment as
federal law of a measure of this character represents a decided
victory for a principle capable of great expansion. In this
connection the able and persistent propagandist work of the
National Publicity Law Association under the presidency of Mr.
Perry Belmont deserves the warmest commendation. Noteworthy
also is the fact that the Association includes in its membership
many of the most distinguished leaders of both political parties.—
Paris, July 1, 1910.
[81] According to the English Corrupt and Illegal Practice
Prevention Act of 1883, bribery as the unauthorised act of an
agent renders the election invalid and disqualifies the candidate
from representing the constituency in which the offence was
committed for seven years. While the penalty may seem drastic it
has the good effect of compelling candidates to scrutinise
expenditures in their behalf with a degree of anxious care seldom
duplicated on this side of the Atlantic.
[82] Missouri, L. 1907, p. 261. This law was declared
unconstitutional in 1908, however, on the ground that it impaired
liberty of press and speech. Ex parte Harrison, 110 S. W. 709.
[83] A similar provision was included in the Massachusetts law
of 1892.
[84] A Michigan law which went into effect in 1892 (Repealed,
ch. 61, 1901) provided that all expenditures on behalf of
candidates, with few exceptions, should be made through the
party committees.
[85] Following the four states which took action in 1897,
Kentucky forbade corporate contributions in 1900. In 1905,
Minnesota (ch. 291) made it a felony for an officer of a business
corporation to vote money to a campaign fund. Wisconsin in the
same year (ch. 492) made it a felony for a corporation to
contribute to political parties for the purpose of influencing
legislation or promoting or defeating the candidacy of persons for
public office. New York in 1906, (ch. 239) prohibited political
contributions by corporations and made violation of the act a
misdemeanor. Alabama, Iowa, North Dakota, South Dakota, and
Texas were the five states which forbade corporate contributions
in 1907, and the following eleven were reported as specifically
prohibiting contributions from life insurance companies in that
year: Delaware, Indiana, Michigan, Minnesota, Montana, New
Hampshire, New Jersey, North Carolina, North Dakota,
Tennessee, and West Virginia. In 1908, Ohio, Georgia,
Massachusetts, and Mississippi also forbade corporate
contributions. Altogether to the end of 1908, seventeen states had
forbidden corporate contributions in general, and eleven had
specifically forbidden contributions from life insurance companies.
[86] Massachusetts, L. 1908, ch. 85.
[87] Ohio, L. 1896, p. 123; repealed, L. 1902, p. 77.
[88] Nebraska in L. 1899, ch. 29, fixed the same maxima and
minima as the Garfield Act. The sliding scale principle was
employed in the English Act of 1883.
[89] California, L., 1893, ch. 2; Missouri, L. 1893, p. 157;
Montana, Penal Code, 1895, sec. 80 ff.; Minnesota, L. 1895, ch.
277; and New York, L. 1907, ch. 584.
[90] New York, L. 1895, 155; Connecticut, L. 1895, 338.
[91] California, L. 1907, ch. 350.
[92] New York, L. 1906, ch. 503.
[93] Cf. p. 177, supra.
[94] See p. 250, supra.
[95] Cf. p. 246, supra.
[96] Wisconsin, L. 1897, 358.
[97] Cf. President Arthur T. Hadley’s discussion of “The
Constitutional Position of Property in America” in the Independent
of April 16, 1908.
[98] Cf. Professor C. Edward Merriam’s “Primary Elections.”
[99] Laws of 1896, p. 123. The repeal was due to minor defects
in the law which could easily have been corrected by amendment.
[100] Laws of 1906, ch. 17.
[101] Nebraska, L. 1901, 30; Virginia L. 1903, ch. 98; Georgia,
L. 1908, 63.
[102] An able argument on this point is presented by Mr. Perry
Belmont in his “Publicity of Election Expenditures,” North
American Review, vol. clxxx (1905), p. 166. For many of the most
important facts cited in the preceding pages of this study the
writer is indebted to Mr. Belmont’s valuable article.
[103] Cf. the Association’s searching “Report of Examination of
Election Expense Statements, 1908;” also its leaflet on “Future
Plans to Prevent Corrupt Practices.”
CORRUPTION AND NOTORIETY: THE
MEASURE OF OUR OFFENDING
VII
CORRUPTION AND NOTORIETY: THE MEASURE OF OUR
OFFENDING