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Monday 3 August 2020

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.

Wednesday 15 July 2020

"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?

Thursday 25 June 2020

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.

Monday 18 May 2020

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."


Sunday 17 May 2020

Ethics by Numbers

Ethics by numbers:  

We might imagine that numbers can resolve an ethical dilemma.  Faced with two inescapable ethical choices, A and B: A will cause two deaths and B will cause one.  B seems the obvious ethical choice.  In the real world, ethical choices are rarely so straightforward.  In fact, even in the hypothetical world the choice isn't so clear.


Ethics 101

When I was a student in Ethics 101, Professor Glass presented us with this standard thought experiment. You are on a boat cast adrift at sea with six other passengers. You have supplies enough for six people to survive. There is no hope of rescue. If you do nothing all seven people will die. What do you do?  How do you decide the ethical or moral course of action?  The scenario allows only four options:
  1. Do nothing.
  2. Save yourself.
  3. Sacrifice yourself
  4. "The greatest good for the greatest number of people."
I used this scenario in a number of classes for varying reasons: sometimes as a “values clarification” exercise; more often just to teach vocabulary. The experience of presenting this scenario has taught me that when it comes to ethical dilemmas the immediate response is a combination of avoidance and denial. 


Types of ethical behaviour

Option 1:  Do nothing and everyone dies seems the obvious worst-possible choice.  But the combination of religion and Hollywood movies has conditioned us to believe that some unlikely, miraculous, heroic event will save the day.  To take a life would be immoral, therefore God will save us.  The hero will come up with some unimaginable combination of trickery and courage to save us all because that's what always happens in the movies.  

Option 2:  Save yourself. "Anybody but me" is the ethical axiom of egoism.  The ethical thing for you to do is to guarantee your own survival no matter what. Whatever choice is best for you--enlightened self-interest--is what is ethical. This is the point of view upheld by Ayn Rand in her book, The Virtue of Selfishness, and by her acolyte Alan Greenspan, Chairman of the Federal Reserve until shortly before the collapse of 2008.  This is the ethical position underpinning American capitalism.

Option 3:  Altruism.  Being ethical means putting others before yourself, operating in their interest rather than your own. Heroism?  A "messiah complex"? Naivety?  Wishful thinking?  The egoist loves--and feeds on--altruists!  In theory, this is the ethical basis of Christianity: "love thy neighbour as thyself" and "turn the other cheek."

Option 4:  "The greatest good for the greatest number."  This is the central maxim of utilitarianism.   According to Professor Glass, utilitarianism was the only viable, ethical position.  (Did I mention that Professor Glass was a Communist?) Young upstart that I was, I argued quite vigorously against the Professor's position.  The word "good" was synonymous with "moral" and "ethical"; therefore, the maxim "the greatest good" begged the question.  (This was back in the day when people understood what "to beg the question" meant.)  Actually, it was the worst degree of "begging the question" because it created a tautology:  "the most ethical" ("greatest good") is "ethical."  Well, duhh!


The COVID-19 boat

Here we are in the COVID-19 boat.  Of course, that's not quite true.  We are all in the same storm, but each of us is in our particular socio-economic boat. Still, the what-is-ethical scenario isn't just hypothetical anymore.  Governments, almost universally, have adopted utilitarian responses to the novel corona-virus.  Oddly the Swedes have proven outliers, adopting a laissez-faire, egoist ethical position.  Some gun-toting, Darwin-award-wining Americans have demonstrated against government-imposed restrictions in their state capitals.  And Donald Trump appears to have made getting back to "business as usual" his highest priority.  Egoism might be a credible ethical position but it can easily slide into the misguided notion that my privilege, comfort and convenience are more important than other people's lives.


"The Readiness is all"

The most common criticism of national governments has been the failure to adopt utilitarian measures quickly or strictly enough. China has been criticized both for doing too much and for doing too little:  imposing draconian quarantine measures on one hand and failing to provide information on the spread of the virus on the other.  Lack of preparedness is, as it should be, the prevalent preoccupation.  Bill Gates TED talk (2015) on the need to prepare for a pandemic and George W. Bush's speech (2005) on the same theme have circulated widely.  To the list of people who "told you so," we can add virologist Michael Kinch who is quoted in Bill Bryson's The Body, saying: “We are really no better prepared for a bad outbreak today than we were when Spanish flu killed tens of millions of people a hundred years ago."  In the modern version of the Cassandra effect, what people prefer to believe always trumps truth and prescience.


On Being ethical

Obviously, reckless disregard for human life is unethical. If your religion tells you reckless disregard for human life is okay, there is something wrong with your religion.  Reckless disregard for human life in favour of economics, politics or even pleasure is immoral.  Egoism, altruism and utilitarianism all direct us to the same recommended ethical behaviours:  quarantine, social distancing, and hygiene.  However, the numbers in themselves will not solve the ethical dilemma before us.


Where are we?

As Angela Merkel, German Chancellor and scientist, pointed out, in her speech to the Bundestag, we are at the very beginning, not the middle and definitely not the end, of the pandemic.  The novel corona-virus will be with us forever, the pandemic for years.  Best-case scenario, a vaccine will be developed in a year, production of sufficient quantities of the vaccine and getting it into human bodies will take at least another year.  And the "best-case scenario" is always, by definition, optimistic.  Research into the HIV-AIDS virus has been ongoing for 40 years without producing a vaccine.


Mortality in Ontario

The Government of Ontario (the Canadian province where I live)  has forecast between 3000 and 15000 deaths from COVID-19 over a two-year pandemic with the current measures in place.   We will never know the exact death toll from COVID-19.   In each of the last three years, over 100,000 people have died--of various causes--in Ontario.  These numbers do not tell us that we should be blaisé about lives being lost, but they do tell us that the numbers alone will not dictate ethical behaviour.  Over the last three years, we have gone about our "normal" lives, taking the typical risks of contagious diseases, traffic accidents, and lifestyle-provoke heart disease and cancer, while thousands of people died around us of exactly those causes.  What has changed is a question of degree:  the degree of contagion of the COVID-19 virus and the degree of public awareness.  What remains is the ethical dilemma of how to behave in the face of a life-threatening, contagious disease.


What is and what should be

The last four chapters of The Big Picture--although the book is largely about physics and the author, Sean Carroll, a physicist--are dedicated to ethics.  Carroll's theme is captured in the maxim:  "You can't derive ought from is."  In other words, physics, the rules which describe nature, cannot provide the rules of morality, cannot tell us how people should behave. In his critique of utilitarianism, Carroll points out that "The attractive idea of 'quantifying utility' becomes slippery when we try to put it into practice."  One of the problems we can see in our present circumstance is that in practice, utilitarianism means decisions about what is good, moral and utilitarian are left to a handful of politicians.  To return to my objection to utilitarianism from decades passed, what is "good" is left unanswered let alone unquantified.









Finding serenity

Obviously, saving lives is "good."  However, surrendering everything that is "good" about life in order to preserve life is no answer.  We are still a long way from that ethical dilemma but it is before us.  In the immediate term, egoism, altruism and utilitarianism all tell us to remain vigilant, to keep a distance and wash hands.  Carroll's conclusion is that we "construct" morality as circumstances present themselves.  Making it up as we go along isn't very reassuring, but when the time comes we need to be able to tell ourselves that we did the best we could.  A version of the "Serenity Prayer" has never seemed more apt:  we must grant ourselves the serenity to accept the things we cannot change, the courage to change the things we can, and the wisdom to know the difference.


Tuesday 24 March 2020

The Grapes of Wrath

Number 10 on the list of top 100 novels

John Steinbeck's novel The Grapes of Wrath is number 10 on the Modern Library's list of the 100 Top Novels of the 20th Century.  After a couple of years trying to convince my students of the virtues of Faulkner's The Sound and the Fury (#6 on the list), I gave up and substituted the more accessible, single-third-person narrative, not-stream-of-consciousness Steinbeck novel.  In the process of teaching it, my admiration for the novel grew.  But what does "Grapes of Wrath" mean?


The title was suggested by Carol Steinbeck

It is widely reported that the title was suggested by Faulkner's first wife, Carol Henning Steinbeck. The expression “Grapes of Wrath” comes from the Bible: Revelation 14:19–20 (New Testament) and Isaiah 63 (Old Testament). The expression was re-used in the lyrics of “The Battle Hymn of the Republic” written during the American Civil War.

"Wrath" means anger 

In the simplest of terms, "grapes of wrath" suggest “anger,” a violent, bloody, vengeful yet just anger.  The expression is ambiguous because it is an oxymoron, combining “grapes” which are a sweet and highly desirable fruit and “wrath,” meaning extreme anger, which we metaphorically think of as “bitter.”

Decoding the meaning of an oxymoron

Oxymorons tend to be ambiguous, and we have to look at the context of their use to understand them. We understand what Juliet means when she tells Romeo that “Parting is such sweet sorrow,” and what Othello means when he talks about Desdemona’s “cruel tears.” Out of context it is pretty hard to say exactly what “sweet sorrow” and “cruel tears” mean.


The Angel of Death at the Apocalypse

The Bible describes the Angel of Death with his sickle cutting down the grapevines at the end of the world (the Apocalypse). The reference to “grapes of wrath” is a metaphor (or conceit, meaning extended metaphor) for what happens next. All the people that God is angry with will be put in a winepress and their blood forced out of them just as wine is pressed from grapes.


The Joad family

It makes sense that when we think of the expression, we think about how the migrants from Oklahoma and, in particular, the Joad family were treated by many of the people they encounter. They were having the lifeblood squeezed out of them. But “grapes of wrath” also implies the need for punishment and even vengeance in order to serve justice. This is the way the expression seems to be used in “The Battle Hymn of the Republic.”



Supply-side economics

In the novel, the expression “grapes of wrath” is used only once, in chapter 25. Here is the context:

There is a crime here that goes beyond denunciation. There is a sorrow here that weeping cannot symbolize. There is a failure here that topples all our success. The fertile earth, the straight tree rows, the sturdy trunks, and the ripe fruit. And children dying of pellagra must die because a profit cannot be taken from an orange. And coroners must fill in the certificate—died of malnutrition—because the food must rot, must be forced to rot.

The people come with nets to fish for potatoes in the river, and the guards hold them back; they come in rattling cars to get the dumped oranges, but the kerosene is sprayed. And they stand still and watch the potatoes float by, listen to the screaming pigs being killed in a ditch and covered with quick-lime, watch the mountains of oranges slop down to a putrefying ooze; and in the eyes of the people there is the failure; and in the eyes of the hungry there is a growing wrath. In the souls of the people the grapes of wrath are filling and growing heavy, growing heavy for the vintage.” (Chapter 25)

What is being described is the destruction of food (part of what is known as supply management economics) in order to maintain higher prices, even though some people were starving. The people are getting very angry and frustrated; they are being filled with wrath, but the novel remains ambiguous about what happens next. Does “grapes of wrath” mean there is about to be a revolution with the people rising against their oppressors? Or does “grapes of wrath” mean that these people are simply going to be destroyed, the lifeblood being squeezed out of them?


The Irony of "grapes"

At this the midway through the novel, we know that “grapes” are used to create a bitter irony. In the earlier chapters of the novel the characters repeatedly talk about the wonderful, delicious grapes they are going to be able to eat when they reach California. The only encounter with grapes they have is when the kids eat green grapes and develop “skitters” (diarrhea ), and then we are given the above reference to “grapes of wrath.”


Roman Charity

It is important to recognize that the final scene of the novel is directing us away from Apocalyptic images, to something other than “grapes of wrath,” to human kindness and charity. There was an attempt to censure the final paragraph of the novel which was inspired by famous images of “Roman Charity.”


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