Intertextuality

 

intertextuality (noun)

a term coined by Julia Kristeva to designate the various relationships that a given text may have with other texts. These intertextual relationships include anagram, allusion, adaptation, translation, parody, pastiche, imitation and other kinds of transformation. In the literary theories of structuralism and post-structuralism, texts are seen to refer to other texts (or to themselves as texts) rather than to external reality. The term intertext has been used variously for a text drawing on other texts, for a text thus drawn upon, and for the relationship between both. (Concise Oxford Dictionary of Literary Terms)

In Intertextuality, Graham Allen describes "intertextuality" in the opening of the book this way:

The idea that when we read a work of literature we are seeking to find a meaning which lies inside that work seems completely commonsensical. Literary texts possess meaning; readers extract that meaning from them. We call the process of extracting meaning from texts reading or interpretation. Despite their apparent obviousness, such ideas have been radically challenged in contemporary literary and cultural theory. Works of literature, after all, are built from systems, codes and traditions established by previous works of literature. The systems, codes and traditions of other art forms and of culture in general are also crucial to the meaning of a work of literature. Texts, whether they be literary or non-literary, are viewed by modern theorists as lacking in any kind of independent meaning. They are what theorists now call intertextual. The act of reading, theorists claim, plunges us into a network of textual relations. To interpret a text, to discover its meaning or meanings, is to trace those relations. Reading thus becomes a process of moving between texts. Meaning becomes something which exists between a text and all other texts to which it refers and relates, moving out from the independent text into a network of textual relations. The text becomes the intertext. (1)

transtextuality (noun)

" . . . all that sets the text in a relationship, whether obvious or concealed, with other texts" (Genette, Gérard. Palimpsests: Literature in the Second Degree). 

Genette's term "transtextuality" is his particular variation on the idea most other critics call "intertextuality."

Genette reduces the term intertextuality to "a relationship of copresence between two texts or among several texts [. . .] the actual presence of one text within another." ("Glossary." Allen, Graham. Intertextuality. )

Genette categories the various forms of transtextuality; that is, all the possible relations between two texts, as follows:

i) intertextuality: quotation, allusion and plagiarism

ii) paratextuality: titles, covers, epigraphs, introductions

iii) metatextual: a critical relationship

iv) architextuality: genre suggested by title

v) hypertextuality: hypertext to hypotext; film adaptations are often described as "hypertexts" with the literary work upon which the film is based called a "hypotext"

What is Comparative Literature?

From English to comparative literature

Equipped with a collection of degrees in English language and literature, for two decades, I taught, researched and published in a field called "comparative literature."  As near as I can judge, the discipline got its English name in the early 20th century from a faulty translation of the French expression "littérature comparée."  The literature which comparativists study isn't comparative in any meaningful sense.   It would make some sense to call the subject "compared literatures" (a literal translation of "littératures comparées") or, even more obviously and aptly, "comparative studies of literature." However, we specialists learned to succumb and accept the terminology that got us tenure without a whimper until some first-year undergraduate asked us "what exactly does 'comparative literature' mean?" Then we mumbled and grumbled about students who hadn't done enough reading.

Comparative literature = literary theory

It might be a stretch to describe comparative literature as influential, but whatever fashionable nonsense we didn't originate we were quick to support and promulgate. Over the postmodern period, comparative literature became code for literary theory, and comparative literature never met a theory it didn't like enough to adopt. Whatever nascent passion a student might bring to the study of literature, you can be sure literary theory was ready to quell it.

 Identity crises

Comparative literature has been suffering from an identity crisis for about as long as it has existed  (see Gayatri Spivak's Death of a Discipline), as has the discipline of English literature (see Alvin Kernan's The Death of Literature). I have come to accept George Steiner's definition from his lecture/essay "What Is Comparative Literature?": "[...] comparative literature is an art of understanding centered in the eventuality and defeats of translation" (10).  There has been a turf war (more of a squabble really) between comparative literature and translation studies in recent decades.  Having done some translation work and research in translation studies, I came to the conclusion that Steiner got it right: comparative literature fills in the gaps in translation and tells us about what any translation is forced to leave out or leave behind.  We need a comparativist to tell us why a joke is funny in one language but not in another.

Comparative = 2 or more?

I think the expression "comparative study" means something because it suggests that the study is marked by "a consideration of at least two things."  I actually proposed this starting point at a meeting of comparativists once and was roundly told that my definition was "too narrow."  An additional irony (paradox? absurdity?):  for as long as I was active in the field there was a strident movement against explicit comparisons in the field of comparative literature on the grounds that such comparisons were out of date and smacked of "binary thinking."  (See Binary Thinking Versus the other Kind.)

Binary = bad!

In Comparative Literature: A Critical Introduction, Susan Bassnett traces the notion that “comparative literature should involve the study of two elements (études binaires)” (27) to Paul Van Tieghen’s La Littérature comparée (1931) and argues that “[i]t is possible to see almost all French comparative literature from the 1930s onward as coloured by the études binaires principle” (28).  Bassnett describes a binary approach as having served comparative literature “so ill for so long” (24) and cites the “narrowness of the binary distinction” as the first of a number of reasons that “[t]oday, comparative literature in one sense is dead” (47).  

 

         

Studies of Canadian literatures in two languages = binary = bad!

In his introduction to Textual Studies in Canada 5: The Aux Canadas Issue, Robert K. Martin argues that the “binary model is no longer acceptable to many Canadians” (3). Claiming that “the paradigm of two founding nations leaves little place for the native peoples of Canada” (3), and he invokes the need for Canada “to go beyond duality” (3) in order to remain open to other voices.  Insisting that it is not enough to “simply add a soupçon of otherness to an otherwise unchanged recipe” (3), Martin points out that “[t]he comparatist enterprise has too long sought to produce a paradigm with variations, without adequately recognizing how much the apparently descriptive paradigm becomes prescriptive.  If major Canadian works are like this, then one that is like that can’t possibly be major, or even Canadian” (4).

Major Canadian works of literature?

The problem with the counterfactual problem that Martin imagines is that the average Canadian scholar of literary studies would be hard-pressed to name a "major" Canadian work of literature and reluctant to even describe a literary work as Canadian.  The postmodern scholar would dismiss the concept of "major" or a canon of major literary works, and equally dismiss the notion of a national literature.  The postmodern project was the stalwart investigation of the eccentric and the minor in opposition to a major or mainstream national literature.  What Martin and Bassnett fail to acknowledge, which anyone who has ever touched the keyboard of a computer knows, is the incredible possibilities for refinement, subtlety, inclusion and advancement that a binary approach can offer.

Everything old is new again!

Ultimately, literary studies, both English and comparative, was born out of an attempt to escape philology.  No doubt, historically speaking, philology has a lot of tedium and absurdity to answer for.  My career was spent studying the intersections of language(s), literature(s), culture(s) and disciplines which, everywhere I look, is a basic definition of philology.  In fact, Spivak's new comparative literature sounds a lot like philology to me.  As Sheldon Pollock points out in World Philology:  "The lowest common denominator of philology is [. . .] how to make sense of texts."  Turf wars aside, making sense of texts--which today means making sense of intertexts--has always been the lowest common denominator of literary studies, comparative studies, translation studies, and a host of other disciplines both new and old.

What Is "Romantic Irony"?

Schlegel coined the term

These days, the concept of "romantic irony" is particularly difficult to grasp for a number of reasons.  In the first place, the phrase was coined by Friedrich Schlegel, the German romanticist, who was vague and aphoristic in defining the concept.

The Meaning of "romantic"

Additionally, what Schlegel meant by "romantic" is a subject of debate.  According to the Stanford Encyclopedia of Philosophy:

What Schlegel meant by the term “romantic” and its apparent cognate "Roman" (usually translated as “novel,” but having among the Romantics a much wider sense) has long been disputed. [ . . .], Schlegel saw the historical origins of “the romantic” in the wide mixture of forms and genres that characterized medieval literature and took it as the point of departure for a genre-transcending notion that allows even Shakespeare's plays or Dante's Commedia to be Romane.

Romantic Irony

From a present-day perspective, "romantic irony" seems a contradiction in terms. We think of romance as implying passion, emotion and intimacy.  (See Understanding Romanticism.)  Irony, in direct contradiction, is aloof, intellectual and distant. The easiest way to get a handle on "romantic irony" is to simply think of it as the concept of irony as it emerged during the Romantic period of literary history in the late 18th and early 19th century.  "Romantic irony," like all other forms of irony, is "the interruption or disruption of an established or expected discourse."  (See What is Irony?) 

The English example of romantic irony

The typical way that romantic irony interrupts a discourse is that the author signals to the reader of  a literary text that "oh, by the way, what you are reading is a fiction."  Laurence Sterne's Tristram Shandy is typically cited as an example of romantic irony.  These days this feature would typically be described as postmodern, which adds to the confusion about what romantic irony is.

 

Romantic irony and postmodernism

In fact, if you compared a "grocery list" of the typical features of postmodernism--crossing of genre boundaries, problematising of the self, challenging grand narratives, metanarrative, indeterminacy of the literary text, limitations of language to represent reality, etc--and those of romantic irony, the lists will extensively overlap.  You might even find them to be identical.

The Case Against "The Case Against Reality"

The Case Against Reality

When a friend (thanks Fred!) lent me a copy of Donald Hoffman's The Case Against Reality:  Why Evolution Hid the Truth from our Eyes, it was number five or six on the list of books I was planning to read.  However, glancing at the preface, my curiosity got the better of me, it jumped the queue and I started reading.  I had already heard the broad outlines of Hoffman's argument that what we call "reality" is a holograph filled with icons like the ones on the desktop of a computer.  I couldn't imagine that I would ever accept Hoffman's conclusions but reading, like life, is about the journey not the destination.

Analytic Philosophy

Much of my undergraduate education was in analytic philosophy, meaning I was schooled to pay particular attention to the terms Hoffman used in constructing his argument. Immediately, my skepticism was aroused by his use of the words "truth" and "true."  (I have already written on the concept of "truth":  see Does Knowledge Require Truth?)  Hoffman challenges the notion that our perceptions are "true," but I'm uncertain what the expression "true perception" means.  (I'm equally uncertain about what "true love" really means.  In fact, it seems to me every time I have heard the expression "true love" being used, the speaker was being sarcastic.)  Presumably, Hoffman is invoking the correspondence theory of truth; i.e., that something is true because it corresponds to reality.  

The Definition of "Truth"

Tracing Hoffman's argument, I noted that "truth" eventually became "veridical perception."  "Veridical" means "corresponds to reality" or in more common language "truthful."  By the time I reached page 65, I was ready to pack it in because Hoffman was either using a version of "truth" that no-one believed ("corresponds to reality") or he was using a maybe-half-full-maybe-half-empty definition of "truth" ("truthful").  However, Hoffman saw me coming, and on page 67, he tells us:

Consider three notions of veridical perception.  The strongest is “omniscient realism”—we see reality as it is.  Next is “naive realism”—we see some, but not all, of reality as it is.  The weakest is “critical realism”—the structure of our perceptions preserves some of the structure of reality.  If the FBT Theorem targeted omniscient or naive realism, then we could indeed dismiss its conclusions—no one (save lunatics and solipsists) claim omniscience, and few espouse naive realism.  But the theorem targets critical realism, which is the weakest, and most widely accepted, notion of veridical observation in the science of perception and in science more broadly.  The FBT Theorem does not torch a straw man.  (67)

Consequently, in reviewing Hoffman's argument, we must keep in mind that "truth" = "veridical perception" = "critical realism."  Can Hoffman maintain the coherence of his theories when "truth" only means that our perceptions "preserve some of the structure of reality"?

Fitness Beats Truth in Human Evolution

Hoffman's premise "the FBT Theorem," confirmed through game theory, is that "Fitness Beats Truth."  The theory is a counter-argument to the claim that as the species has evolved we have become better at perceiving reality (or, "the truth").   FBT argues that we evolve by taking advantage of "fitness payoffs."  Our perceptions direct us toward what is useful, desirable, helpful, beneficial; not what is real and true.  Much of the book is comprised of fascinating experiments and examples of how our perceptions (in particular visual perception) construct reality rather than apprehend reality.

Perception Versus Objective Reality

There is nothing new in the claims that we do not perceive objective reality or the "thing-in-itself" (in my day, we always used the German "Ding an sich" to preserve the expression's Kantian origins). For decades, I hammered away at students telling them that the tree falling in the desert didn't make a sound, that colours only existed in human brains, not on walls, that the reason we can watch movies is that our visual processing is slow and twenty-one frames per second looks like continuous action to us,  that with perfect perception, walking into a room,  we would perceive nothing identifiable, no chairs or people or walls, just infinite clumps of molecules and atoms, that they had never perceived what they thought they knew best, themselves, because they had never seen their own bodies in entirety or heard the distinct sound of their own voices.  What is distinctive about Hoffman's claims is the degree of disconnection and separation he proposes between objective reality and perception.

What Works Isn't Necessarily True

Ptomaine might have been absolutely wrong in his vision of the universe with the Earth holding steady at its centre but, as I lectured my students, that mistaken vision still worked to allow accurate calendars and navigation at sea.  Reading Hoffman, I was more than willing to accept that our perceptions could be useful without being accurate or truthful.  However, was it possible to make decisions or even claims about "fitness" when our perceptions were so far removed from any trace of objective reality?

Dialectics, Binary Thinking and Formal Logic

Once again, Hoffman anticipated my skepticism.  I have to say, this feature, its dialectics, (the sense of debate echoing Plato's Socratic dialogues) made the book compelling reading for me.  Hoffman invokes "formal logic" as follows:

• "Suppose I tell you that p is some particular claim and q is some particular claim, but I refuse to tell you what either claim is."
• "Then suppose I make the further claim, 'p is true or q is true'."
• Then suppose the "claim, 'if either p is true or q is true then it follows that p is true'. You know that this claim is false, even though you don't know the contents of p or q." (72)

Hoffman is invoking binary logic here, and I happen to be a fan of binary thinking.  (See Binary Thinking Versus the Other Kind.)  However, 'either p is true or q is true' depends on the fact that p and q are mutually exclusive and never overlap.  Lest we lose track of the underlying terms, fitness ("fitness payoffs") and truth ("critical realism") have not been proven to be mutually exclusive categories; in fact, there is good reason to imagine significant overlap between the two.  In other words, sometimes the connection between our perceptions and some aspect of objective reality produces "fitness payoffs."  To be clear, what Hoffman is trying to argue here is that if he can show we evolve through fitness payoffs then he has proven that we do not see "the truth."   My counter-argument is that this logic only works if "fitness payoffs" and "critical realism" are mutually exclusive; that is, only one can be true, but it is equally reasonable to conclude that both p and q are true, and fitness payoffs sometimes involve seeing objective reality as it is.

What We Call "Reality" Is Like the Icons on a Computer Desktop

The next step in Hoffman's theorizing is what he calls ITP, "the interface theory of perception" (76, italics in original).  Hoffman's key metaphor is that what we perceive as "reality" is analogous to the blue file icon on the desktop of a computer.  Our perception is of "the interface--pixels and icons--[and] cannot describe the hardware and software it hides" (76).  Our interactions with the interface are helpful and useful, but they do not tell us anything about reality, about the computer's software or wiring.

Quantum Theory:  Consciousness Creates Reality

Hoffman is heading toward the conclusion that has become increasingly popular among sub-atomic physicists and quantum-theory wonks that consciousness produces reality rather than the other way around.  Citing physicist John Bell's experiments in the 1960s which are reported to prove that "an electron has no spin when no none looks" (54), and the broader claim that "no property, such as position or spin, has a definite value that is independent of how it is measured" (98), Hoffman reports the conclusion that "Quantum theory explains that measurements reveal no objective truths, just consequences for agents of their actions" (100).   In short, perception determines measurement.  Hoffman goes all the way in his hypothesis that consciousness creates reality, which he dubs "conscious realism" (184, italics in original).

According to "conscious realism," the interface which we typically call reality is "instantiated" by a network of conscious agents.  Conscious agents can start out as "two-bit" things, but "a realm of conscious agents [can] interact and instantiate higher agents" (192).

Science Has Failed to Explain Consciousness

Arguments privileging consciousness, including Hoffman's, seem, invariably, to point out the failure of science to explain consciousness.  Personally, I don't draw any particular conclusion from this "failure." Medical science, as Bill Bryson points out in The Body, has yet to explain asthma, along with hundreds of other medical and scientific phenomena.  The mind-over-matter cohort consistently disparages the claim that consciousness is an "emerging property" of physical properties of the brain.  Although we can now observe what goes on in the brain during perception and can even manipulate the brain to cause certain perceptions, the claim remains that we fail to explain how perception happens.  Since I am still mystified by the "emerging property" called fire, I am perhaps too at-ease accepting that consciousness is a similar "emerging property."  But I have to say, Hoffman's instantiated "higher agents" sound a lot like "emerging properties" to me.

What Is Knowable When Perception Has No Connection to Objective Reality?

The concluding chapters of The Case Against Reality, when Hoffman's prose becomes proselytizing and purple, are the least convincing and compelling.  For example, Hoffman writes: "We can, despite this poverty of translation, see a friend's smile and share their joy--because we are insiders, we know first hand what transpires behind the scene when a face fashions a genuine smile" (186).  Since any object before me, according to Hoffman, ceases to exist when I close my eyes, since even my own body is an icon which must cease to exist when I am not sensing it, how can I possibly conclude that my friend, my friend's smile or my friend's joy exist or that they are accessible to me in any "veridical" sense?

How Is the Holograph We Call "Reality" Created?

Of course, the big question is: if the world we perceive is a holograph, a series of computer-generated icons, who is making all this happen.  Hoffman does not dismiss the possibility that we are living in some alien kid's video game.  Hoffman is obviously a big fan of the film The Matrix.  Ultimately, he does get to the big Creator question:  "The idea of an infinite conscious agent sounds much like the religious notion of God, with the crucial difference that an infinite conscious agent admits precise mathematical description" (209).

Parallels with Descartes Meditations

Throughout my reading of The Case Against Reality, the parallels with Descartes Meditations seemed obvious.  Descartes gave himself the project of thinking that the world as he perceived it did not exist.  He even allowed that an evil demon was deliberately confusing his perceptions.  Descartes concluded that his only certainty, in the first place, was that the "I" doing the thinking must exist: Cogito ergo sum, "I think therefore I am."  From this premise, he concluded that God must also exist.  As outlined in the Stanford Encyclopedia of Philosophy:

Descartes often compares the ontological argument to a geometric demonstration, arguing that necessary existence cannot be excluded from the idea of God anymore than the fact that its angles equal two right angles, for example, can be excluded from the idea of a triangle. The analogy underscores once again the argument’s supreme simplicity. God’s existence is purported to be as obvious and self-evident as the most basic mathematical truth.

Philosophy of Mind

The absence of any mention of Descartes in The Case Against Reality is a strange lacuna.  The problems of Hoffman's argument are similar to those Descartes faced almost 500 years ago.  The philosophy of mind permits three possibilities in the relationship between consciousness (what is mental) and the world (what is matter):  idealism (everything is mental), dualism (mind and matter both exist), materialism (everything is matter).  Each comes with its own particular problems but the challenge of dualism, in particular, is to explain how matter creates non-matter or vice versa or how the two co-exist.

The Problem from which There Is No Escape

Hoffman declares "conscious realism" as a form of "monism" which implies that everything is mental.  If the world is entirely mental how is the appearance of a physical world created?  Materialism may have a problem of how matter creates consciousness, but reversing the order, having consciousness create matter doesn't really solve the problem.  Hoffman acknowledges that an objective reality exists, but he is left with the problem of how that objective reality is created, how conscious agents create the appearance of matter in a matter-less world.

Should the Washington Redskins Be Renamed the Washington Rednecks?

The Washington Redskins' name controversy

Wikipedians have outdone themselves in outlining the multiple aspects and perspectives of the Washington Redskins' name controversy. Personally, I have always interpreted the expression "redskin" as a racist slur. However, despite complaints, protests and a number of court cases, "Redskins" has survived as the name of the Washington NFL team since 1933. Justification and defense of the name include the fact that some Native Americans support its use and even use it themselves as an object of pride. Additionally, the expression's origins are etymologically neutral and only took on negative connotations from the way the locution has been used.

 

How language evolves

As I've pointed out elsewhere, in the evolution of language, usage trumps definitions and origins. How a word gets used eventually becomes its meaning. "Redskin," particularly as it has been dominantly used in American culture, is an intentional disparagement. Nonetheless, we might ask if "redskin" could be reappropriated as have other insulting epithets over the years. For example, in the art world, the word "impressionist" was understood as a criticism until the painters to whom the disparagement was applied--Monet, Renoir, Degas, Cézanne, Matisse--began to describe themselves as impressionists. Similarly, words like "Yankee," "Jesuit," "Protestant," and "Suffragette" were originally intended as insults but have been reappropriated as labels to be proud of. In more recent times, members of the LGBT community have begun to self-describe as "queer" and "dyke." Even "gay pride" would have, not so long ago, seemed a contradiction in terms--which, of course, is why the expression exists and is paraded today.

Red skins and black face

As with Blackface (see Blackface and Best Evidence), there is nothing inherently immoral about the expression "redskin." The locution is racist because it has a long history of derogatory usage, and the insult has gone hand-in-hand with the mistreatment and genocide of indigenous peoples in the Americas.

Cancel culture

The first defense of "Redskins" to appear in my inbox was a video of a Pulitzer-prize-winning journalist  who described the call to change the name as "cancel culture."  Merriam-Webster traces the origin of the expression "cancel culture" to "#MeToo and other movements."  It seems impossible not to notice that the people decrying "cancel culture" are typically privileged communicators:  celebrities, office-holding politicians,  journalists in the mainstream media, established authors, the already famous and affluent in general.  As my guru has pointed out to me, there is a difference between "free" speech and "privileged" speech.  Being a blogger for over seven years now and having written 104 posts which have been viewed 50579 times, I recognize that I am no competition for the Kardasians nor, at the other end of the spectrum, for Desmond Cole who reports that for two of his pieces as a freelance journalist writing for the Toronto Star: "each one had earned well over fifty thousand views"  (Cole, Desmond. The Skin We're In [p. 73]. Doubleday Canada. Kindle Edition).  In short, I appreciate the difference between "free" speech and "privileged" speech.

If you already enjoy some notoriety or you have the support network of a newspaper,  yours is a privileged position.  Whatever you do or say might put that privilege at risk.  Cole was eventually not employed by the Star (you can't be "fired" when you're a freelancer because you do not strictly speaking have a job) ostensibly for (overly?) actively supporting Black Lives Matter in Toronto.  Was his dismissal an example of "cancel culture"?   Or was it just a plain, old-fashioned case of being "let go," "your services are no longer required," "pack up your pencils," "here's your hat, what's your hurry!"?

Reductio ad absurdum

According to the Pulitzer laureate's reductio ad absurdum discourse, "cancel culture" is about hyper-sensitivity and alleged triggers. (Consider Do No Harm.) He goes on to suggest, ironically, that the name "Washington" should be changed because George Washington was a slave owner and a tobacco farmer. He might want to reconsider his irony (see Avoid Irony and What Is Irony?). In my country, Canada, the name and statues of our founding Prime Minister, John A. MacDonald, are under attack for his role in establishing residential schools and policies of assimilation of indigenous peoples.

The Washington Rednecks?

The Washington football team will eventually be renamed but no, the new name won't and shouldn't be the "Rednecks."  Such a switch would just be changing one racist epithet for another.  In fact, it could be rightly argued that the name "Washington Rednecks" would be a celebration of racism.  However, the question is an interesting thought experiment.  How many privileged white people would be happy with the choice of the name?  We need look no further than Jeff Foxworthy's early"redneck" jokes to get the gist of the expression's unflattering intentions. (As in:  "You might just be a redneck if you go to your family reunion to pick up women.")

However, the expression "redneck" (like "redskin") seems etymologically neutral.  A white farmer's red neck from a hard day working in the fields might even be considered an icon of pride.  Certainly, many white people have taken on the appellation as an object of pride.

People who are revolted by "cancel culture" and mocking of sensitivity seem to be showing signs of hyper-sensitivity themselves.  Whatever Washington's new name turns out to be, as my guru wisely advises, "It's always better to err on the side of empathy."

Addendum

Apparently, the leading contender for the new name is the "DC Sentinels"--the same name used for the fictional NFL team in the movie The Replacements.

What Is Literature about?

Can literature be about life?

When I was teaching a course on American Literature, one of my students, a woman in her twenties, was a mother of five children. I would occasionally see her and her husband with the kids in the park where my son played soccer. One evening her husband was alone with the kids and approached my son and me as we were tossing a Frisbee. He emanated an intensity that I associated with being the young father of five. Nodding hello, he said, "My wife is in your American literature course." Honestly, I assumed I was in trouble and braced myself. "At night we sit at the kitchen table," he said, "and my wife tells me about your course." Then he told me, "I thought a literature course would be just about books, but yours is about life." He went on to express his regret that he couldn't take the course.

The Rules of postmodernism

It was a supreme compliment, and I cherish it to this day. But, at the time, I remember thinking, "I hope he doesn't spread the rumour that I teach literature as being about life." In those postmodern days of structuralism and post-structuralism, any academic who wanted to be taken seriously in literary studies had to acknowledge that literature representing reality was a naive notion which had gone out of fashion a hundred years earlier.

Realism and mimesis

"Realism" or "mimesis," as it is sometimes described, was the attractive idea that literature could imitate or represent reality, and thereby become a kind of laboratory for the scientific investigation of human behaviour. It spawned "social realism," the literary representations of the struggles of the working class, which devolved into "socialist realism," a state-controlled instrument of Soviet propaganda.

Modernism and postmodernism

Modernism and postmodernism were the antitheses of realism and mimesis. Modernist movements like impressionism, expressionism, symbolism, and surrealism rejected the notion of art representing reality with variations on art creating reality. Postmodernism piled on the rejection of realism by emphasizing that even art wasn't really real. So, for example, if you read the novel The Handmaid's Tale through to the end, you would discover that the diary you have been reading which you thought was written by the Handmaid was, in fact, transcribed from audio tapes by a historian named Wade, who questions that the Handmaid ever existed. He came up with the title as a sexist pun and homage to Chaucer's Canterbury Tales.

"Literature is about other literature."

"Literature," according to Northrop Frye, Canada's most renowned literary theorist, "is about other literature." Frye developed his own brand of structuralism called "mythopoeic criticism," which proposed that the total body of literature could be studied in terms of shared or "archetypal" symbols that emerged from mythology and continued to be used and reused throughout the history of literature. Frye disparagingly described Canadian literature as suffering from a "garrison mentality"--a widely misunderstood expression. For Frye, writing which remained too close to local, everyday, lived or social reality remained trapped in the garrison, failing to venture out into the wide world of literature where all great literature was produced. (If Frye were a millennial, he would have no doubt been an avid video gamer.) Yes, I was flattered that my course wasn't "just about books" but I recognized that it was supposed to be.

Intertextuality

I was able to negotiate the contradiction between what I taught and what I was supposed to be teaching by cannibalizing the concept of "intertextuality." "Intertextuality" can be a very complex concept, especially as it is defined by Julia Kristeva, the psychotherapist credited with coining the term. I preferred Graham Allen's more accessible description of "intertextuality" from the early pages of his book Intertextuality:  

 

 

 

 

 

 

 

The idea that when we read a work of literature we are seeking to find a meaning which lies inside that work seems completely commonsensical. Literary texts possess meaning; readers extract that meaning from them. We call the process of extracting meaning from texts reading or interpretation. Despite their apparent obviousness, such ideas have been radically challenged in contemporary literary and cultural theory. Works of literature, after all, are built from systems, codes and traditions established by previous works of literature. The systems, codes and traditions of other art forms and of culture in general are also crucial to the meaning of a work of literature. Texts, whether they be literary or non-literary, are viewed by modern theorists as lacking in any kind of independent meaning. They are what theorists now call intertextual. The act of reading, theorists claim, plunges us into a network of textual relations. To interpret a text, to discover its meaning or meanings, is to trace those relations. Reading thus becomes a process of moving between texts. Meaning becomes something which exists between a text and all other texts to which it refers and relates, moving out from the independent text into a network of textual relations. The text becomes the intertext.

Everything is/can be text

The next step in the move from literature to life is to recognize that anything can be called a "text."  You, me, your life or mine, or if you prefer, your life story or mine is a "text." The meaning of any literary text emerges from the connections which a reader makes between the literary text and any other texts which the reader might think relevant, including the reader's life experience as one of those texts.

Ultimately, the literature I taught was "about life," and I encouraged my students to read it that way.

"Judicial Independence" in Canadian Extradition Law

The Canadian Extradition Act

There is no "judicial independence" in Canadian extradition law.  Louise Arbour,  former UN High Commissioner for Human Rights, justice of the Supreme Court of Canada and Chief Prosecutor of the International Criminal Tribunals, has been trying to educate the Canadian public on this basic fact in Canadian law. The Canadian Extradition Act is available online and is clear (and I encourage you to click the hyperlink), in Canada, extradition is, ultimately, the responsibility of the executive branch of government (meaning the politicians we elect) not the judiciary.  Despite the obvious letter of the law, Prime Minister Justin Trudeau continues to stubbornly repeat the fallacy that "judicial independence" must be maintained in the Meng extradition trial. His use of the phrase "judicial independence" is proof that he has never looked at the Canadian Extradition Act.  Imagine: in a matter of minutes, anyone with an internet connection and basic reading skills can know more about Canadian extradition law than the Prime Minister of Canada.  Be one of those people.

I urge you to click on the link:  The Canadian Extradition Act.

The Definition of absurd

The definition of absurd is "wildly irrational, illogical and inappropriate."  I bother to define "absurd" because the word can sometimes imply ridiculous, mocking, even comic.  But in this case, the issues are deadly serious, especially for Michael Korvik and Michael Spivak who could spend years in a Chinese prison  (Canadian extradition cases have been known to take ten years) while the Canadian government dithers and does nothing.

The Most basic rule of logic

The most basic rule of logic is that if your premise is wrong, whatever conclusions or arguments follow from the premise will also be wrong.  For over 18 months, Canada's political leadership and virtually the entirety of its fourth estate have adopted a false premise summed up in the expression "judicial independence."  By adopting this false premise, Canadian politicians, the media, and numerous public figures have unleashed a litany of absurdities, non-sequiturs, and obfuscations which can only lead to delays and damage to Canada and Canadians.  Consider some of the claims you have, no doubt, already heard.

We are abiding by Canadian law

 If you dared to click the link to the Canadian Extradition Act, you know this goes beyond being illogical, it is an outright lie.  The only way to claim that Canada is being "law abiding" is to ignore the law, the Canadian Extradition Act, which we are supposedly abiding by.

We had no choice: Canada is respecting its extradition treaty obligations

How many times have you heard these claims?  The word "obligations" is more than misleading; it is simply wrong.  Extradition treaties do not create the obligation for Canada to arrest anyone, and the Treaty on Extradition Between the Government of Canada and the Government of the United States of America is no exception.  The treaty lays out the circumstances and a list of the 30 crimes for which Canada will consider the American "request" that a person be extradited.  You can do a word search of the Treaty (click edit/find in your browser, then type in the word oblige and any of its cognates). The word "oblige" or its cognates does not appear a single time in the Treaty.  The word "request" and its various forms appear . . . a lot.  (I stopped counting after I had found the word used 50 times.)  The Public Prosecutor Service of Canada is explicit that "Extradition treaties do not themselves create an obligation or a power to arrest in Canada."  Still, Canadian politicians throw up their hands saying "we had no choice" and Canadian journalists piously repeat the falsehood.

Trump made it political

Invoking the name "Donald Trump" has become a means of announcing that the universe is absurd and, to quote Becket's Waiting for Godot, "there is nothing to be done."  Blaming Trump means no-one feels responsible to do anything.  Of course, Trump's public announcement that he would use Meng as a bargaining chip with China was immediate grounds for dismissal of the extradition request.  But, guess what, only the Minister of Justice can take that step.

One school of thought is that arresting Meng on December 1, 2018, the same day Trump was having a one-on-one meeting with China's President Xi was a deliberate attempt to undermine the American President orchestrated by his national security advisor John Bolton.  (If you click on this link to the Guardian article from 6 Dec 2018, you will see Bolton quoted as saying he didn't know if Trump had been informed of the Meng arrest.  My guess:  if his national security advisor didn't tell him, Trump probably didn't know.  Also, in the article, Bolton makes it clear that Meng was arrested because of NSA concerns about Huawei, not because she had committed bank fraud.)

"Trump made it political" clouds the fact that extradition is, by law, political in Canada.  Justin Trudeau made the case impossibly "political" when he dismissed Canada's ambassador to China simply for saying that Meng had a good case against extradition.  How can David Lametti, the Minister of Justice, do his job and release Meng after Justin Trudeau and Chrystia Freeland have repeated a hundred times over in the last 18 months that extradition in Canada must be done without political interference?  Has anyone heard from our Minister of Justice recently?  Robert Fife, Globe and Mail Bureau Chief, described Minister of Justice, David Lametti, as "becoming a joke," and "every time they let him out he says something stupid."  On Feb. 7, 2019, three weeks after he had been appointed Minister of Justice, The Star reported:

Justice Minister David Lametti says foreign affairs will be a factor if and when it comes time for him to make what he acknowledges is a political decision whether to extradite Huawei executive Meng Wanzhou [ . . .].

 I haven't heard anything from the Minister of Justice since.  Have you?

Canada is being bullied; we need to get tough with China

If you are wondering by whom Canada is being bullied, you need look no further than Adrienne Arsenault's interview with former National Security Advisor John Bolton.  

When asked  about what the USA was doing about the imprisonment of Canadians Kovrig and Spavor, John Bolton replied:  "it has been spoken about publicly in the administration."  This is how the USA is getting tough with China.

Canada is being played by the USA and being left to its own devices to deal with China.  Bolton's response to Canada's dilemma:  "If you want to leave NATO, if you want to get rid of our protection militarily, please go ahead and do it.  If that's what you want.  Canada is free to do it."

When Arsenault asked, "How does Canada get its Canadians home from China at this point?"

Bolton's response:  "Look, I think we all want to get them home as soon as possible.  America has had its share of hostages around the world. If you don't like it, Ma'am, you're free to go ally with China.  If you think that's what your country wants to do.  Think about that long and hard."

There's a difference between China imprisoning two Canadians for no reason and Canada's arresting Meng on legal grounds

Yes, there is a difference.  It is a difference of degree.  It only holds as a difference of kind, if Canada's grounds for holding Meng are legal according to Canadian law.  Back to the Canadian Extradition Act and the fact that the Minister of Justice and only the Minister of Justice (not a judge) is tasked with looking at all the circumstances and deciding if the request is just and justifiable.  Only the Minister can consider if Richard Donaghue's warrant is a conflict of interest.  Only the Minister can determine if nationality, ethnicity, economics, or politics play a part in and thereby dismiss the extradition request.  Only the Minister can look at the entire situation and consider if Meng will, in fact, be tried and sentenced to at least a year in prison as required by the Treaty, or if the end result will likely be a fine or some kind of negotiation--which would be grounds for dismissing the request.  Only the Minister can look at the entire situation and ask:  "Has anyone ever done jail time for the kind of thing that Meng is being accused of?" Everywhere the Minister of Justice looks, he is likely to see a reason to dismiss the extradition request.  The Canadian response:  "judicial independence" as if the Minister of Justice is not allowed to act.  Have I mentioned that Canadians need to study the Canadian Extradition Act?

We can't release Meng because the Chinese have taken two Canadians hostage

Having ignored the letter of Canadian law for 18 months, we now find ourselves facing the absurd argument that we cannot release Meng because the Chinese have imprisoned two Canadians and acquiescence would encourage future hostage diplomacy.  Does anyone really believe that Canada is in a position to give China lessons on international diplomacy?  That anything Canada does will change Chinese behaviour on the international stage?

Arresting two Canadians in China, as I pointed out in December, 2018, has made the optics of releasing Meng more difficult for Canada.  At the time, the common observation was that the arrests of Kovrig and Spavor were for local consumption in China; that is, the government had to show that they were doing something about the arrest of Meng.  The need for two governments to save face with their constituencies has created this absurd standoff.  Neither government has solid legal grounds for their actions but before any change can take place, one of these governments has to admit the fact.

A Majority of Canadians oppose a swap of Meng for the Michaels

The UBC survey done last October concluded that 39% of Canadians felt arresting Meng was a mistake and 35% feel she should be released before the judicial process has concluded.  More recently:

the latest study from the non-profit Angus Reid Institute finds Canadians supportive of the federal government’s position of letting Meng’s extradition case play out in the courts. Seven-in-ten (72%) feel this way, while a minority (28%) say that they would rather the government negotiate a way to exchange Meng for Canadians Kovrig and Spavor.

What does this latest poll prove?  To fully answer the question, you have to look at the question that Angus Reid asked, and the answers that respondents were allowed to give.  This is what you get:

In other words, if you are forced to accept the false premise that extradition in Canada is an "independent court process" do you follow the law, or break the law and do something else? So yes, Canadians think of themselves as law-abiding, which is easy to do if you ignore the law . . . the Canadian Extradition Act.

Now What?

David Akin of Global News has argued that it's too soon for the government to intervene in the Meng extradition. According to Akin, the Minister can only act at the end of the judicial process (in 8 to 10 years from now?).  Commenting on CBC News last  week, Susan Riley, said it was "too late for the government to intervene."  Of course, she has a point.  After 18 months of repeated, spurious claims that the government cannot interfere, how will the government explain its actions when it is eventually required to follow the law and for the Minister of Justice to make his decision?

There is only one way, that I can see, to escape the perfidy and absurdity.  A lot of Canadians will have to browse the Canadian Extradition Act. Is there any way that is ever going to happen?  Not likely.  Then again, what if you did?  And suggested the same to a few of your friends?

How Did Canada Lose to Norway and Ireland in Its Campaign for a UN Security Council Seat?

The Basics:  

• The United Nations was formed in 1945, at the end of World War II.  There were 51 member countries.  Harry S. Truman was President of the USA and the UN's home was established in New York City.
• The goal of the United Nations is world peace and security.
• The Security Council is the power center of the UN.  It has five permanent members, the "big" winners of WWII:  the USA, France, the UK, Russia, and China.
• On a rotational basis, other countries are elected by all 193 members of the UN General Assembly to occupy temporary, 2-year positions in the Security Council.
• There are currently 10 temporary (non-permanent, 2-year) positions in the Security Council. The permanent members have remained the same since 1945.
• The non-permanent positions are elected on a geographical basis, so Canada was competing against Ireland and Norway in what is known as the "Weog block" (Western Europe and Others).
• In the 2020, three-country competition for two Security Council seats, Canada came in third behind Norway and Ireland.

Why did Canada lose?  The Said and the unsaid.

Here is a list of reasons I have surmised ("the unsaid") and I have read ("the said" which someone else has surmised):

1.  Canada is a strong supporter of Israel.  According to Wikipedia, citing a CBC commentary by Evan Dyer, Canada's "consistent voting record in support of Israel" was an obstacle to its election.
2. Over time, Canada has had a Security Council Seat for twelve years.  In other words, Canada has won this election process six times.  It was someone else's turn.
3. Norway spent 2.8 million dollars campaigning for a seat; Canada only spent 1.74 million.  (Who knew there were campaigns for the seats?  Didn't we just put SNC-Lavalin on trial for paying bribes to foreign officials?)
4. As part of the campaigning, Canada gave out free tickets to a Celine Dion concert.  Ireland gave out free U2 concert tickets.  (Turns out Bono is more popular in the UN than Celine.)
5. Gender equity.  (This so ironic, it's almost funny.)  In Canada, we might think of our Prime Minister as the Poster Boy for gender equity.  The Security Council, as it turns out, is also very interested in gender equity.  The Norwegian Ambassador to the UN and the Irish Ambassador to the UN are both women.  Their election added two more women to the Security Council.   Canada's Ambassador to the UN and our candidate for the Security Council was Mark-André Blanchard.
6. It's a fair guess that China did not vote for Canada.  Nor would any country under Chinese influence and, if the rumours are even half true, that would be a lot of votes.  After the vote, Norway's Prime Minister expressed the intention "to remain on good terms with China, Russia, and the United States."  Something Canada seems to have trouble doing.
7. No-one I have read is saying so but I think it is a fair bet that the Trump White House would be unlikely to endorse a Canadian presence on the Security Council.  Trump's animosity toward Trudeau is well documented.  I can recall at least two incidents in which Trump described Trudeau as "two-faced" or words to that effect--The G7 and Davos.
8. Why vote for the American lapdog?  Despite the exchange of insults between the President and the Prime Minister, Canada is perceived as being incapable of opposing or unwilling to oppose US hegemony.   The campaign for a Security Council seat has been going on at the same time as Canada has been holding Meng, the Huawei CFO, under house arrest to honour a US extradition request.  The arrest has been counter to Canadian interests while it serves American corporate and trade interests.  Historically, Canada has been elected to the Security Council once every 10 years under both Conservative and Liberal governments.  It has now been 20 years since Canada last held a seat.  Canada's willingness to sacrifice its own interests in order to accommodate an American "request" leads to the conclusion that electing Canada would simply be giving the USA another voice at Security Council meetings.

Does it matter?

According to Andrew Scheer, who seems to be in permanent bitch mode these days, the campaign was Justin Trudeau's "personal vanity project."  However, when the Harper/Scheer Conservatives failed to win a Security Council seat in 2010 "foreign affairs minister John Baird attributed the failure to win a seat to principled positions taken by Canada on certain international issues."  

I have gone looking for answers to the question "What are the benefits of a temporary seat on the Security Council?" and the answers have been neither tangible nor convincing.  "Having a seat at the table" is an interesting synecdoche but what does it really mean?  It's prestigious?  How does that prestige play out to be of any real benefit to Canada?

According to the rules of the Security Council, any one of the five permanent members can veto any proposal presented.  Hypothetically, if Canada were a member and presented an idea, all five of China, Russia, France, the UK, and the USA would have to agree before there could be any further discussion.  If all five permanent members wanted an idea to be discussed, they certainly wouldn't need Canada to propose it.  Or is the Security Council really about backroom deals, corridor conversations, and whisper campaigns?  If so, do they really need to be Security Council members in order for Ambassador A to lean over to Ambassador B and say, "Hey, why don't you let our citizens out of jail, and maybe we can sign a trade deal!"

Is the UN a dysfunctional bureaucracy?

The theoretical goals of the UN--"world peace and security"--could not be more desirable.  In practice, it appears to have fallen prey to the syndrome which plagues so many institutions, (governments, political parties, universities, security and police forces, even non-profit organizations and charities): a preoccupation with its own bureaucratic survival over the underlying raison d'être for which it exists.

Seventy-five years after it was first formed, Professor of International Relations, Jean-François Thibault, asks, "is the Security Council still relevant in its current form?"  Thibault is "not optimistic." We can only hope that the organization reinvigorates the goals to which it aspires before it expires.

Addendum

An astute reader of this blog asked me if there has ever been a case of the non-permanent members of the Security Council affecting the outcome of voting on a particular resolution.  I have browsed 500 (of the 2500 available) examples of Security Council votes.  In these 500 cases, there was not a single example of one of the 15 members of the Security Council voting against a resolution.  In a handful of cases, there were two or three abstentions.

The "We" Vote in Quebec

Les Patriots 

Today is la Journée nationale des patriotes in Québec.   (Prior to 2003 it was Dollard des Ormeaux Day in celebration of the garrison commander who died fighting the Iroquois [Haudenosaunee]  at the Battle of Long Sault in 1660. Times change.)  In the ROC (the Rest of Canada) today is Victoria Day (in honour of Queen Victoria).

In popular lore, les patriots are remembered as French peasants battling their English overloads.  This version of history is at least partially true; however, some leaders of the rebellion in Lower Canada (today Quebec) were English (notably Wolfred Nelson and his brother, Dr. Robert Nelson), some members of the upper class--opposing les patriots-- were French Canadian seigneurs, and, at the same time (1839), a similar rebellion of English-speaking farmers was taking place against the ruling-elite Family Compact in Upper Canada for the same reasons--demanding representational government.

In Quebec, history is often retold as a battle between English and French

In this age of polarizing algorithms, viral conspiracy theories, fake news and internet trolls, it might seem like small potatoes that Canadian history tends to get rewritten from a linguistic perspective (not to mention the obvious, that it is written in two languages).  In Quebec, at a popular level and sometimes beyond, the stories of Canada tend to be told (or performed) as a conflict between an oppressive English elite and an oppressed, minoritized French-Quebec majority.

"Mon non est québécois"

During the 1995 referendum campaign on Quebec independence, a whisper campaign emerged suggesting that advocates for the "non" side ("no" to separation from Canada)  didn't have French-sounding names.  In response, the "non" campaign led by Claude Ryan, came up with a slogan punning on "non" [no] and "nomme" [name], which are homophones in French.  (See Quebec and the ROC.)

Since those days, I've thought someone needs to write an article entitled "The 'We' Vote in Quebec."  (Much as I hate to kill the pun with an explanation; to be safe, I should explain that "we" and "oui" [yes] are homophones.)

"We" yes; "ethnic nationalism" no

From a sovereigntist perspective, there are certain words that cannot be used to describe the movement for Quebec independence.  In 2013, Bloc Québécois member of parliament, Maria Mourani was expelled from the party for stating publically that many of her constituents viewed the Parti Québécois “Charte des valeurs" [Charter of Values] as ethnic nationalism.  "Ethnic nationalism" is verboten, but I think we can safely describe the sovereigntist position as being in favour of "we." "We" (in its various cases--us, our, ours) is a consistent presence in independentist slogans:  "Nous sommes un peuple" [We are a nation], "Maîtres chez nous" [Masters of our house], and the PQ slogan for the “Charte des valeurs":  “Parce que nos valeurs, on y croit” [Because our values, we believe in them].

"Nous et les autres"

Although it might be viewed as politically incorrect in recent times, the dichotomy of "nous" and "les autres" [the others] has always been a part of life in Quebec.  I grew up in a small town on the Quebec side of the Ontario/Quebec border.  From birth to retirement I spent virtually the entirety of my life and career in Quebec; as a bilingual anglophone, perennially perched on the divide between "nous" and "les autres."  Contrary to what you might imagine, most of the time, it wasn't a bad place to be.

Lord Durham's Report on the Affairs of British North America 

As the newly-installed Governor General of British North America, John George Lambton, 1st Earl of Durham, was tasked with writing the (in)famous Report in which he claimed:

There can hardly be conceived a nationality more destitute of all that can invigorate and elevate a people, than that which is exhibited by the descendants of the French in Lower Canada, owing to their retaining their peculiar language and manners. They are a people with no history, and no literature.
[ . . . .]
In these circumstances. I should be indeed surprised if the more reflecting part of the French Canadians entertained at present any hope of continuing to preserve their nationality. Much as they struggle against it, it is obvious that the process of assimilation to English habits is already commencing. 

Despite (or perhaps, in some small part, because of) Durham's predictions, the language and culture of the people of Quebec are still with us 180 years later.

How has Québécois culture survived?

Asking how French Quebec has lasted so well for so long, you might credit the enlightenment of the British Quebec Act of 1774  allowing French inhabitants to maintain their language, social structure (the seigneurial system) and religion (Catholicism), or modern Canadian federal policies of bilingualism and multi-culturalism.  However, within Quebec, the long-term objectives from The Conquest onward--including the Durham plan as well as multi-culturalism and bilingualism--are understood to be the reduction of the French of Quebec to one of many minorities, the tokenization of their language, and ultimately their assimilation within an English federalist system.

The real answer to the question of French Quebec's survival is the willingness of individual Québécois to privilege the collective over individual ambition, to think in terms of "we" rather than "I."   Quebec's language law (Bill 101) is a constant target of attack as it restricts the use of English on signs and requires immigrants to educate their children in French. What is truly striking, and rarely discussed, in the context of English being the lingua franca of North America and global business, is the willingness of the French-speaking majority of Quebecers to accept that their children may never learn to speak English (See "Yes, no, toaster").

Individual rights versus collective rights

The conundrum of parsing perceptions of and from Quebec boils down to the distinction between individual and collective rights. (Personally, I tend toward a libertarian, live-and-let-live view though I remain wary of radical individualism.)  As a minority in Canada and the Americas, francophone Quebecers are entitled to claim the collective rights of their language, culture and identity.  However, as the majority in Quebec, they are compelled to respect the individual rights of citizens and the collective rights of minorities within the province. When the collective rights of the Quebec majority collide with the individual rights of persons within Quebec, whose values should prevail?

Rights versus privileges

Quebec's privileging of the collective rights of the French-speaking majority--most often in the form of language laws (Bill 22 and Bill 101)--is typically met with incomprehension in the ROC and by minorities within Quebec. Conversely, what Anglo-Quebecers might claim as "rights"--the "right" to a public sign in English, the "right" to educate offspring in English--are viewed from a French perspective as "privileges." Actually, parents who were educated in English in Quebec themselves maintain the "privilege" of having their offspring educated in English in Quebec.

English common law versus Napoleonic civil code

A typical criticism of Quebec legislation (beyond the infringement of human rights) is that it tends to be a solution in search of a problem.  Certainly, this seems to be an apt critique of the recent Bill n°21 : An Act respecting the laicity of the State.

Is the wearing of religious symbols by persons in authority a threat to the collective rights of the people of Quebec?  The English common-law approach to solving this question would be to allow a number of cases to be brought to court; that is, a number of plaintiffs claiming that their rights had been prejudiced by someone wearing a religious symbol (a police officer, a judge or a teacher).  This jurisprudence, these precedent decisions of various judges, would eventually become the "common law."  The French tradition, in contrast, is more top-down.  A code of laws is enacted, and future judgments are based on that code.  This legal tradition, together with the privileging of collective rights, adds to incomprehension in the ROC.

The Bouchard/Taylor Commission on Religious Accommodation

In 2007, Professors Bouchard and Taylor were commissioned by the Liberal government in Quebec to review, analyze and make recommendations on  "Accommodation Practices Related to Cultural Differences in response to public discontent concerning reasonable accommodation."  In what might be taken as a "common law" approach (although, obviously, the Commission was not a legal body), Bouchard and Taylor did a substantial stock-taking of all the legal cases related to religious accommodation in Quebec--73 cases over 22 years prior to June 2007.  What emerged from their review was that an "accommodation crisis" was being provoked by a series of fairly minor, misconstrued incidents which escalated because of media attention:

40 cases out of 73, were brought to the public’s attention during the period March 2006 to June 2007 alone. The investigation of the cases that received the most widespread media attention during this period of turmoil reveals that, in 15 of 21 cases, there were striking distortions between general public perceptions and the actual facts as we were able to reconstitute them. In other words, the negative perception of reasonable accommodation that spread in the public often centred on an erroneous or partial perception of practices in the field.

Bouchard's and Taylor's repudiations of Bill 21 

As the authors of the report upon which Bill 21 is ostensibly based, it is telling that both Bouchard and Taylor have publicly stated their opposition to the legislation.  Taylor has flatly declared that he has changed his mind.  Bouchard argues that the timing was wrong, and the bill should not have been passed in the current climate of polarization.

The Separation of church and state is a French idea

The concept of laïcité (or, more commonly, "secularism" in English) is rooted in the French Revolution and the political desire to undo the domination of the Catholic Church. When Durham claimed that the French of Lower Canada were a people "without a history," he was no doubt considering that between the settlement of New France and the publication of his report in 1839, there had been a revolution in France, cutting the Québécois off--practically, ideologically and culturally--from the motherland.

Catholic church domination prevailed in Quebec until the Quiet Revolution in the 1960s.  Bill n°21 : An Act respecting the laicity of the State, which prevents persons in authority from wearing religious symbols, is less broad than the law in France banning religious symbols which applies to all civil servants and to students in public schools and has been in force since 2011.  Bill 21 is less strident and overarching than the charter of values proposed by the Parti Québécois in 2013.

Individual liberty:  the ultimate shared value in Western democracies

In Western democracies, there is a presumption that individual liberty is our ultimate shared value--which paradoxically makes it a collective value.  Part of our belief in individual rights is respect for the collective rights of minority groups.  To further confuse the paradox, all individual rights, upon reflection,  end up being collective.

Rights versus freedoms

Nour Farhat, a young lawyer with aspirations of becoming a crown attorney in Quebec,  has become the poster person in the conflict between individual religious rights and the collective aspirations of Quebec's becoming a secular society.  The question being asked in Quebec is: "Should Nour Farhat have the right to display her religious convictions while she is prosecuting someone who might be Jewish or Hindu or Buddhist or Sunni or Shiite or Christian or an atheist?"  But the underlying question which Quebec has raised, since the opening discussion of a charter of values, is:  Are religious rights individual rights?   Interestingly, both the Quebec and Canadian Charters of Rights and Freedoms identify religious expression as a "freedom" not a "right."  I have not, however, been able to find a succinct legal or constitutional distinction between a right and a freedom.

Freedom from Religion

The broader Freedom from Religion movement puts Quebec secularism in a slightly different perspective.  You might have seen Steven Pinker's endorsement of the Freedom from Religion Foundation television ads.  Pinker, himself an Anglo-Quebecer who studied at Dawson College and McGill University before moving on to California then Harvard, established his position as an avid atheist in his monograph Enlightenment Now.

While I have generally accepted the idea that Quebec has little to fear from the growth of Islam; not only is Islam the fastest-growing religion in the world but, as Pinker points out, its adherents have proven more faithful and tenacious in their religious beliefs than followers of any other religion.  In terms of (non)religious trends, the growth of Islam and of atheism have outstripped all other movements in Quebec in recent years.

It's about equality, stupid!

The purpose of a Charter of Rights and Freedoms is to create equality.  The problem with "being equal" is that it often seems to imply "being the same."  The challenge of our time is to honour equality and celebrate difference at the same time.  In Quebec, the interpolation to "join the family" and "become one of us" is frequently and reasonably met with wariness and skepticism.  As George Orwell pointed out in his allegorical novella, Animal Farm, "All animals are equal, but some animals are more equal than others."