[Reader-list] Call for contributions to Sarai Reader 05
Monica Narula
monica at sarai.net
Wed Aug 11 19:00:33 IST 2004
CALL FOR CONTRIBUTIONS TO SARAI READER O5
BARE ACTS: TRESPASSERS AND ENFORCERS IN PRECARIOUS TIMES
The 'Bare Act' is an expression used to specify
the content of law, bereft of any interpretative
gloss. In a legal library in India and many parts
of the English-speaking world, a Bare Act is a
document that simply codifies a law without
annotation or commentary. The 'Bare Act' is
legality pared down to its textual essence. It
expresses only what the law does, and what it can
do.
The enactment of law, however, is less a matter
of reading the letter of the law, and more a
matter of augmenting or eroding the textual
foundation through the acts of interpretation,
negotiation, disputation and witnessing. The law
and practices within and outside stand in
relation to a meta legal domain that can be said
to embrace acts and actions in all their depth,
intensity and substantive generality. This too is
a stage set for the performance of 'bare acts',
of what we might call 'naked deeds' - actions
shorn of everything other than what is contained
in a verb.
The 'Bare Act' that encrypts the letter of the
law, the wire frame structure that demands the
fleshing out of interpretation, and the 'bare
act' that expresses and contains the stripped
down kernel of an act, of something that is done,
are both expressions that face each other in a
relationship of tense reflection and intimate
alterity. Bare Acts generate bare acts, and vice
versa.
"Sarai Reader 05: Bare Acts: Trespassers and
Enforcers in Precarious Times" proposes to be a
considered examination of this troubled mirror
image.
We are interested in looking not only at what
happens in law courts but also at customs,
conventions, formal and quasi formal 'ways of
doing things' that are pertinent to communities
howsoever they may be formed. Thus the
conventions and codes evolved by the
practitioners of a juridically 'illicit' trade or
calling or way of life, such as that of software
pirates, or 'illegal' migrants, or squatters on
government land, fall within the ambit of our
concerns. We want to speak of the relationships
of conflict, co existence and accommodations
between different kinds of codes that make claims
to our ideas of what is right, or just, or
functional, or even merely appropriate.
To see 'actions' arrayed across a spectrum in
this manner is also to see a range of ways in
which laws, codes and a variety of formal and
informal arbitration mechanisms act on us.
Sometimes this may take the form of executive
force and fiat, but crucially it may also rely on
the powers of persuasion that characterize a host
of quasi formal interactions between state and
non-state actors, and between non-state actors
and individuals. Typically, this for instance is
the way in which non-legal entities like
informally constituted councils, political
formations outside the state, customary bodies
and traditional councils act to enforce their
will or influence those within (and occasionally
outside) their ambit.
The landscape of actions and deeds covers a far
more subtle, slippery, nuanced and ambiguous
ground (than the codes that seek to index, define
or govern them). Actions have gradients, they
ascend and descend on to each other much as peaks
emerge from and plunge into troughs in a three
dimensional graph. The political, ethical and
semantic facets of acts shade off, and slope into
each other, now revealing, now concealing
hitherto unknown aspects of themselves and their
consequences, often in unexpected ways. Laws are
attempts to understand, interpret and govern
action, but their enunciative capacity is bundled
up with executive authority; they are words that
decree what must be done. But just as the way in
which a map is drawn can have consequences on the
ecology of a terrain, the phrases spoken as law
too can transform and erode as well as irrigate
the ground of action.
Laws are a creature of habit, of pattern, rhythm
and repetition. The exceptional singularity of an
action, which is precisely what law seeks to tame
to the rhythm of the predictable, leaves us with
a strange situation where the "bareness of an
act" is precisely what is sought to be clothed by
a 'bare act'. This gives rise to many tensions
and aporias, which we invite contributors to
reflect upon and report, from their locations in
the real world, whatever be their locus standi.
You may be a human rights lawyer, or an
intellectual property attorney, a philosopher, an
artist, an activist, a combatant or peace maker
in a conflict situation, a person who lives and
works with ideas and words, a person who saves
lives or takes them, a person who has custody of
others, or who may be in the custody of an
institution; in addition, you may be someone who
either is, or identifies with, or sympathizes
with, a hacker, a pirate, a re-distributor of
intellectual assets, an illegal emigrant, a
non-heterosexual person, a compulsive traveller,
a squatter, a sex worker, a terrorist of the
imagination, you may be free or in confinement,
you may be healthy or unwell - whosoever you may
be and whatever you are, you have to act, and
deal with the actions of others, and all that you
do, or do not do, is framed by a structure of
bare acts of the law. Yet, you shape the world
with the things you do to be yourself, to act in
concert with others, to defend yourself and to
pursue what you see as liberty and happiness, or
simply, to survive.
We would also like to invite investigations into
the production of 'legal subjects' through
judgements (communiqués to the citizen/denizen)
and petitions (appeals from the citizen/denizen)
as well as through mechanisms like recording and
registration mechanisms such as census records,
land records, municipal records, forestry
regulations, registers of citizens and aliens and
other instruments that define and enumerate the
person addressed by the legal-formal apparatuses
that govern day to day life. What is the
language, the rhetoric, the tone of these acts of
address? How are they scripted, rehearsed and
staged? All these are things for us to explore
when we look at the law, whether in the
courtroom, in a village council meeting, or in
the performance of a 'courtroom drama' in a film.
Crucially, here we want to explore the figures of
authorised and unauthorised interlocutors, expert
and wayward witnesses and the myriad characters
that constitute the theatre of the courtroom.
This Reader invites you to reflect on actions,
yours as well as those of others, to act with
your words, thoughts and images to contribute to
our understanding of the world, as we know it
today. We are committed to an elaboration of
positions that often find themselves identified
with the interloper, trespasser and the
proscribed, not because we have any special
affinity for the illicit, but because we feel
that the growing constriction of the domain of
the do-able by the letter of the law (which we
all face in societies where the state and para
state institutions lay increasing claims to our
fealty) leads to a situation where those
committed to a modicum of social liberty, to
expanding the territory of what may be creatively
imagined and acted upon, have to invest in
knowing and understanding an ethic of trespasses.
Interdictions need interrogation, and this Reader
is a call for such interrogations.
A 'bare act', as we said at the outset, can also
be taken to mean action divested of everything
other than its essence as a deed. Encountering
the naked deed, action in and of itself, on its
own terms, means facing up to difficult and
occasionally challenging ethical questions. What
constitutes violence? What is generosity, or
hospitality? Why does altruism have to be hedged
in by qualifications and constraints?
It also means asking - what it is to become
someone through action? What is it to act, or
play a part, in the theatre of social life? What
is the border that separates action from
expression? What connects the act to gesture and
to performance, as much as it does to deed?
Moreover, what accounts can we give to the 'act'
of witnessing, or bearing witness to a course of
action, or to an event? Law or codes of action of
any kind seem untenable without the notion of the
witness. The presence of the witness is crucial
to any notion of credence, the foundations on
which arguments, petitions and judgements have to
base their thrust and parry. We would like this
collection to provoke reflections on the nature
of the evidentiary and narrative protocols that
frame acts of 'speaking' or 'speaking out' in the
face of, or in the aftermath of, or in the
memorialization of, acts and events that leave a
mark on our times so as to instigate a more
complex unravelling of the relationship between
persons, actions, narratives and codes of
behaviour,
To carry this argument further, we want to point
out that in languages such as Arabic, Persian,
Hebrew and Urdu, the roots for words as disparate
sounding as 'martyr' and 'witness'
(shaheed/martyr and shahid/witness) devolve to a
common source. This suggests to us a febrile
tension between the reality of a precipitate,
even violent action, its consequence (the
shaheed) and a recording presence (the shahid).
In other words, given the fact that acts do speak
for themselves (and sometimes make the claim to
speak for others), we consider it necessary to
take stock and reflect on what might be
considered the heritage of the 'propaganda of the
deed' - a doctrine that underpins violent
terrorism, as well as non-violent civil
disobedience and militant passive resistance, to
see how such modes of acting stretch and
challenge consensual notions of the relationships
between means and ends.
As we have said in calls for contributions to
previous readers, on themes and subjects quite
different from the ones that we have sketched
here, these are open questions with no
satisfactory and coherent answers. But Sarai
Reader 05, like its predecessors, would like to
take them on, so as to map new territories of
thought about the things we all do and the things
that are done to us.
Today, there are different images of naked
legality that we have grown accustomed to. We
know that the law is often the last resort that
the poor and the marginalized can turn to in some
societies to appeal for redress and comfort from
having to face obvious and naked oppression. Thus
the slum dweller facing demolition sees in a high
court stay order, a breathing space in which to
try and muster some means of continued survival
in the city as a householder. A person on death
row can have little hope but to argue for an
acquittal or a pardon. There are also occasions
when international criminal courts may be seen to
be effective instruments of redress for victims
of genocide and war crimes. These are but the
bare facts of a case for the law, and for a
conscientious practice of the legal calling as a
continuing good in human societies.
However, we have also seen pictures of naked
human beings in judicial custody in the Abu
Ghraib prison in Iraq. This too is naked
legality. We have seen migrants waiting to be
deported. We have seen the banal playing out of
the script of domination and violence, on
streets, in educational institutions, in homes.
We have seen attempts at the foreclosure of
cultural and intellectual commons. We have seen
attempts at surveillance and control, and we have
witnessed, resistances to each of these - quiet
subversions, cunning negotiations and outright
rejections as well as attempts to scale the walls
erected by the threat of interdictions, sanctions
and prohibitions.
Sarai Reader 05 seeks to register these matters
in their puzzling ambivalence, with intelligence,
acuity and close attention to the pulse of our
times.
A Preliminary List of Themes (these are not
chapter or section headings, but point to areas
of interest) could include:
The Pure Act, the Impure Gesture and Bare
Presences: A Sceptical Guide to Acting in Today's
World
Barely Human/Naked Power: Critiques of Contemporary Injustices
Punishments in Search of Crimes: Histories and Practices of Illegality
Authorised and Unauthorised Interlocutors
The Human Right to Copy and Paste: Culture,
Law, Conflict and Intellectual Property
The Letter of the Law: Glossing Gender, Class,
Race and Caste in the Courtroom
In Camera: Courts, Prison and the Justice System in Cinema
Rough Justice and Gentle Persuasion: Non-legal Forms of Arbitration
To Be Done and To Be Seen to be Done: Legal
Action and its Media Representations
Despatches and Communiqués: Reflecting on Media
Representations of Direct Action
Private Matters in the Public Domain: The Law and Sexuality
The Encounter: Terror In and Out of Uniform
Caught in an Emergency: The Ethical Dilemmas of
Humanitarian Intervention in War Zones and
Conflict Situations
The War Against Error: The Normalization of Surveillance and Identification
Bearing Witness
Citizens, Denizens, Aliens, Others: Taxonomies for Our Times
Altitude Sickness: The Activist on Higher Moral Ground
What is (not) to be Done: Understanding the
Limitations of Action and Activism
The Right to be Wrong: In Praise of Political,
Ethical and Legal Uncertainties
What it Takes to Be... Accounts of Becoming and Choosing to Remain Marginal
At A Loss for Words: Talking about Things Perhaps Best Left Unsaid
Utterance as Action: How Speech Acts Change the World Sometimes
The Word as Violence: Interpretative Acts in the Field of Life and Death
Politics beyond the Law
"Sarai Reader 05: The Bare Act" seeks to engage
with this situation by inviting a series of
reflections. We are looking for incisive
analysis, as well as passionate writing, for
scholarly and theoretical rigour as well as for
critical and imaginative depth. We invite essays,
reportage, diaries and memoirs, entries from
weblogs, edited compilations of online
discussions, photo essays, image-text collages
and interpretations of found visual material.
Finally, we would like to see texts that draw
attention to the curious and unfolding
relationships between acts, actions (especially
what is called 'direct action'), activism and the
domain of media practice: namely between acts and
representations, and on representations as acts.
What are the trade offs involved in transmission
of an 'action', how does the possibility of
transmission help script an action before it is
staged - these are urgent questions, especially
at a time when the relationship between deed and
representation tends to blur in the form of what
we can call a 'media event'. This is not to
evaluate such instances negatively or positively,
only to register the fact that they occur, and to
call for an attempt at an informed understanding
of their contents and ramifications. We invite
activists, media activists and media
practitioners to revisit and reflect on the
instances of the encounters between deeds and
mediatization in their own practices, and on the
relationship between media and action in a
general sense. In doing so, we are revisiting and
continuing a discussion on some of the questions
that have already been raised in "Sarai Reader
04: Crisis/Media".
The Sarai Reader 05, like the previous Sarai
Readers, will be international in scope and
content, while retaining a special emphasis on
reflection about and from areas that normally lie
outside the domain of mainstream discourses. We
are particularly interested in contributions from
South Asia, South and Central America, East
Europe, the Arabic Speaking Countries, Central
and West Africa, South Africa, South East Asia,
China, Tibet and Taiwan, Korea, Singapore, Iran,
Iraq, Turkey and Australia.
The Editorial Collective
*Guidelines for Submissions*
Word Limit: 1000 - 6000 words
1. All submission, unless specifically solicited, must be in English only.
2. Submissions must be sent by email in as text,
or as rtf, or as word document or star
office/open office attachments. Articles may be
accompanied by black and white photographs/other
visual material submitted in the .tif format.
3. We urge all writers, to follow the Chicago
Manual of Style, (CMS) in terms of footnotes,
annotations and references. For more details
about the CMS and an updated list of Frequently
Asked Questions, see
-http://www.press.uchicago.edu/Misc/Chicago/cmosfaq/cmosfaq.html
For a Quick Reference Guide to the Chicago Manual
of Style, especially relevant for citation style,
see -
http://www.library.wwu.edu/ref/Refhome/chicago.html
4. All contributions should be accompanied by a
three/four line text introducing the author, with
email address and a relevant url.
5. All submissions will be read by the editorial
collective before the final selection is made.
The editorial collective reserves the right not
to publish any material sent to it for
publication on stylistic or editorial grounds.
6. Copyright for all accepted contributions will
remain with the authors, but Sarai reserves
indefinitely the right to place any of the
material accepted for publication on the public
domain in print or electronic forms, and on the
internet.
7. Accepted submissions will not be paid for, but
authors are guaranteed a wide international
readership. The Reader will be published in
print, distributed in India and internationally,
and will also be uploaded in a pdf form on to the
Sarai website. All contributors whose work has
been accepted for publication will receive two
copies of the Reader.
If you are interested in contributing, write to
monica at sarai.net or shuddha at sarai.net with a
brief note saying what you want to write about,
or an outline. You can take time to write up a
more substantial outline, but please make sure
that they are in by September 30, 2004. Outlines
can be up to 500 words.
The Editorial collective will write back to all
those who have submitted the outlines in early
October 2004, informing them whether their
proposal for a contribution has been accepted.
Deadlines for the Submission of Articles is - November 15
The Editorial Collective of Sarai Reader 05 consists of the following -
Awadhendra Sharan, Jeebesh Bagchi, Monica Narula,
Ravi Sundaram, Ravi Vasudevan and Shuddhabrata
Sengupta (Sarai-CSDS, Delhi), Lawrence Liang
(Alternative Law Forum, Bangalore) and Geert
Lovink (Indpendent Media Theorist and Critic,
Amsterdam)
--
Monica Narula [Raqs Media Collective]
Sarai-CSDS
29 Rajpur Road, Delhi 110 054
www.raqsmediacollective.net
www.sarai.net
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