Apollon eJournal - Issue VII - 2017 by Apollon eJournal

Apollon

ISSUE VII 2017

UNDERGRADUATE DIGITAL JOURNAL FOR THE HUMANITIES AT FAIRFIELD UNIVERSITY

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AP-OL-LON’ Our name is derived from the Greek and Roman deity, Apollo, while the spelling more closely follows the Greek transliteration. Apollo is the god of music, poetry, art, light, and knowledge, making him one of the most complex deities in the Pantheon. In tribute to his multifaceted existence, our journal utilizes various media to create and reproduce knowledge within the humanities and to encourage critical thinking through multidisciplinary inquiry. With Apollo as patron to our musings and his Muses as inspiration for our content, Apollon seeks to provide our readers with thought-provoking, innovative ideas that explore the depth and breadth of humanistic inquiry.

CONTENT “Substantive and Procedural Justice in the World Trade Organization” by Nick McIndoe

pages 3-15 “The Strangers, The Crowd, and The Lynching: Using Mimetic Theory to Explore Episodes of Human Violence” by Jenna Geick

pages 16-32 “The Crises of Human Identity in the 1960s” by David DeHaas

pages 33-40 “Subverting Patriarchal Control through the Construction of Meaning in "The Yellow Wallpaper"” by Nikolas Oliver

pages 41-47

“Substantive and Procedural Justice in the World Trade Organization” by Nick McIndoe

ABSTRACT Since the end of World War II, global governance has been characterized by the presence of international institutions. International institutions are typically perceived to operate in the pursuit of global justice. The World Trade Organization, for example, which has existed in its current form since 1995, is typically considered a means to the end of fair and liberal international trade. However, there is presently much conjecture regarding the justice or otherwise of such institutions. In this paper, I introduce two main branches of global justice, namely ‘substantive justice’ and ‘procedural justice.’ Then, I apply these concepts to the World Trade Organization in order to analyse its policies, practices, and structural foundations. In doing so, I conclude that the theoretical justice of the World Trade Organization is inconsistent with its practical justice. Whilst the World Trade Organization is internationally just on paper, it systematically advantages developed countries over developing countries. For an international institution that allegedly promotes economic and international trade equality, these findings are troubling. Since the Cold War, Western society has

Trade Organization in 1995 was “the

emphasized

arrangements

capstone of a gradual process of global

based on international institutions.1 In-

trade liberalization that started after

deed, contemporary world politics relies

World War II.”3

security

on bodies further to national govern-

Although international institu-

ments; international institutions, in es-

tions are typically seen to guide values

sence, provide “governance without

of global justice and peace, there have

government.”2 International trade has

been calls worldwide for greater trans-

been a focus of such institutions; the

parency In international institutions.4 In

eventual establishment of the World

this paper, I specifically consider the

John J. Mearsheimer, “The False Promise of International Institutions,” International Security 19, 3 (1994-1995): 5. 2 Robert O’Brien, Contesting Global Governance: Multilateral Economic Institutions and Global Social Movements (Cambridge: Cambridge University Press, 2000), 2. 3 Bernard Hoekman, “Global Trade Governance,” in International Organization and Global Governance,

ed. Thomas G. Weiss and Rorden Wilkinson (New York: Routledge, 2014), 552. 4 Alexandru Grigorescu, “Transparency of Intergovernmental Organizations: The Roles of Member States, International Bureaucracies and Nongovernmental Organizations,” International Studies Quarterly 51, 3 (2007): 625.

World Trade Organization (WTO). To-

(GATT).7 The ITO never fully came to

day, the WTO is “the only global insti-

fruition; however, the GATT remained

tutional organization dealing with the

as a multilateral agreement of trade reg-

rules of trade between nations,” render-

ulation.8 The GATT subsisted from 1948

ing it suitable for analysis in terms of in-

until it was incorporated into the WTO

ternational justice. This paper will firstly

in 1995.9 For this time, the GATT ap-

provide a brief introduction to the his-

plied on a ‘provisional’ basis; though

tory and global relevance of the WTO.

technically never more than a treaty, its

Then, two distinct approaches to global

impact was considerable.10 Between

justice will be introduced, namely ‘sub-

1948 and 1993, eight rounds of multina-

stantive justice’ and ‘procedural justice.’

tional negotiations took place, resulting

Finally, this paper will situate the WTO

in “a gradual extension of the trading

in context of both substantive and pro-

system”

cedural justice, ultimately contending

Round (1986-1994) contentiously led to

that the WTO is not impartial, nor in-

the incorporation of fields such as intel-

ternationally just.

lectual property, investment, and ser-

over

time.11

The

Uruguay

The World Trade Organization

vices.12 The world trade order also

was 50 years in the making. The idea of

moved from a power-based system to a

an international trade organization was

rule-based system during this period.13

initially developed in 1944 at Bretton

As a result, the WTO was officially es-

Woods.5 Two years later, the Interna-

tablished in 1995.14 It now contains 161

tional Trade Organization (ITO) was es-

member

tablished. The ITO “regulated trade in

serves as a forum for international trade

goods and commodity agreements,”6

negotiations.15 It is in this context that

and led to the creation of the General

the WTO has been questioned in regard

Agreement

to international justice. Here, two

Tariffs

and

Trade

Mitsuo Matsushita, Thomas J. Schoenbaum, and Petros C. Mavroidis, The World Trade Organization: Law, Practice, and Policy (Oxford: Oxford University Press, 2006), 1. 6 Hoekman, “Global Trade Governance,” 553. 7 Mitsuo Matsushita, Thomas J. Schoenbaum, and Petros C. Mavroidis, The World Trade Organization: Law, Practice, and Policy (Oxford: Oxford University Press, 2006), 2. 8 Hoekman, “Global Trade Governance,” 553. 9 Ibid, 553-554.

countries

worldwide,

and

Ibid. Ibid, 554-555. 12 Susan K. Sell, “Big Business, the WTO, and Development: Uruguay and Beyond,” in Political Economy and the Changing Global Order (3rd edition), ed. Richard Stubbs and Geoffrey Underhill (Ontario: Oxford University Press, 2006), 183. 13 Ibid. 14 “The WTO,” World Trade Organization, accessed September 10, 2015. 15 World Trade Organization, “The WTO.” 11

approaches to global justice are most sa-

manner, concepts of representation, co-

lient and need consideration.

ercion and power are all included under

The two most fundamental ap-

this umbrella term.19 More generally,

proaches to global justice in the realm

one might say that substantive justice is

of global governance are ‘substantive

concerned with the fruits of structures

justice’

justice’.

and processes, whilst procedural justice

Broadly, substantive justice can be un-

is more interested with the actual

derstood as the provision of policies and

makeup of those structures and proce-

structures that encourage fair out-

dures. Some argue that substantive and

comes.16 Substantive justice – or, per-

procedural justice are independent; oth-

haps, a lack of substantive justice – can

ers argue that procedural justice is

be analysed in terms of how certain par-

“prior and fundamental” to achieving

ties are impacted by trade negotiations.

substantive justice.20 Regardless, there

Most pertinently, substantive justice is

presently exist concerns of the WTO re-

concerned with distribution of wealth,

garding both branches.

and

‘procedural

resources and power, more with the

Since its inception, there has

procedure of distribution itself.17 In this

been much conjecture regarding sub-

way, an agreement could be considered

stantive justice of the WTO. Indeed,

substantively just (resulting in ‘fair’ out-

some have questioned the WTO’s legit-

comes for all parties) even if it is con-

imacy on substantive grounds.21 In par-

ducted in a procedurally unjust way.

ticular, the WTO’s policies and agree-

Procedural justice, on the other hand,

ments have been criticized for allegedly

focuses on whether or not the manner

favouring developed nations over devel-

of events if fair, irrespective of the out-

oping nations in issues such as poverty,

come that it produces.18 Insofar as pro-

the environment and human rights.22

cedural justice emphasizes fairness of

One example in the realm of intellectual

Fairness,” Stanford Law Review 26, 1 (1973-1974): 1271. 20 See, e.g., Helen E. S. Nesadurai, “Bandung And The Political Economy of North-South Relations: Sowing The Seeds For Revisioning International Society,” With Compliments 95, 1 (2005): 10. 21 Daniel C. Esty, “The World Trade Organization’s legitimacy crisis,” World Trade Review 1, 01 (2002): 19. 22 Ibid.

Mary Elsbernd and Reimund Bieringer, When Love is Not Enough: A Theo-Ethic of Justice (Minnesota: The Liturgical Press, 2002), 173. 17 Nancy Ehrenreich, “Foreword: Conceptualizing Substantive Justice,” The Journal of Gender, Race & Justice 13, 1 (2009-2010): 536. 18 E. Allan Lind and Tom R. Tyler, The Social Psychology of Procedural Justice (New York: Plenum Press, 1988), 2. 19 John Thibaut, Laurens Walker, Stephen LaTour, and Pauline Houlden, “Procedural Justice as

property is The Agreement on Trade-

North,’ and that ‘the South’ would con-

Related Aspects of Intellectual Property

tinue to provide a market for that

Rights (TRIPs). TRIPs was developed

power.27

“[u]nder strong pressure by… industri-

It was largely industries of nations

alized countries,”23 and aimed to pro-

in the Organisation for Economic Co-

tect the creation of new technology –

operation and Development (OECD)

primarily that of the United States of

that benefitted from TRIPs.28 In the

America.24 Developing countries agreed

context of such asymmetrical interna-

to the arrangement with great hesitancy,

tional power, “developing countries re-

and largely unwillingly; TRIPs debatably

alized that their choice was… between

inhibits the economic progress of devel-

[the] GATT and aggressive unilateralism

oping nations.25 Indeed, it seems that

(US economic coercion).”29 Developed

developed nations sought to universal-

countries’ desire to protect innovation

ize their own conceptions of intellectual

and investment was grounded in the in-

property rights, which had grown on

creasing emphasis on information econ-

the back of technological and social ad-

omies in modern society.30 Such a di-

vancements in their nations.26 Although

vide with developing countries, how-

the desire to protect intellectual prop-

ever, can lead to drastic consequences.

erty was not in itself unreasonable, de-

For example, TRIPs has made essential

veloped countries – led by the United

medicines less easily accessible, particu-

States of America – worked toward ce-

larly to the populations of developing

menting an asymmetrical division of la-

countries.31 TRIPs removed the option

bour. That is, TRIPs would ensure that

of producing pharmaceuticals without a

technological power remained in ‘the

patent, resulting in increased prices and

Carlos M. Correa, Intellectual Property Rights, the WTO and Developing Countries: The TRIPS Agreement and Policy Options (London: Zed Books Ltd., 2000), 1. 24 Sell, “Big Business, the WTO, and Development: Uruguay and Beyond,” 185. 25 William A. Kerr, Jill E. Hobbs, and Revadee Yampoin, “Intellectual property protection, biotechnology and developing countries: will the trips be effective?” AgBioForum 2, 3 (1999): 203. 26 Carlos M. Correa, Intellectual Property Rights, the WTO and Developing Countries: The TRIPS Agreement and Policy Options (London: Zed Books Ltd., 2000), 3.

Ibid, 5. Hoekman, “Global Trade Governance,” 555. 29 Sell, “Big Business, the WTO, and Development: Uruguay and Beyond,” 190. 30 Michael W. Smith, “Bringing Developing Countries’ Intellectual Property Laws to TRIPs Standards: Hurdles and Pitfalls Facing Vietnam’s Efforts to Normalize an Intellectual Property Regime,” Case Western Journal of International Law 31, 2 (1999): 218. 31 Frederick M. Abbott, “The Doha Declaration on the TRIPS Agreement and Public Health: Lighting a Dark Corner at the WTO,” Journal of International Economic Law 5, 1 (2002): 469. 28

more stringent conditions of produc-

Singapore issues – trade and investment,

tion.32 The patent must now be valid for

trade and competition, transparency in

a minimum of twenty years.33 The

government procurement, and trade fa-

United Nations Commission on Human

cilitation – had all been debated heavily

Rights recognizes medicinal access “in

since the induction of the WTO in

the context of pandemics as an essential

1995.38 Each of these issues appears to

human right.”34 Each year, roughly 11

serve the interests of industrialized na-

million people – mostly in developing

tions.39 Many developing countries may

countries – die from preventable dis-

also simply lack the resources required

eases.35 Approximately two billion peo-

to adhere to the Singapore issues.40 It

ple in developing countries have no reg-

seems the case, then, that the Singapore

ular access to vital medicines.36 Yet,

issues are substantively unjust both in

TRIPs has, and will continue to, “re-

the country groups that they favour, and

strict competition, increase prices, and

also in the requirements that they im-

further reduce the already limited access

pose. Moreover, even when agreements

of poor people to vital medicines” by

have been settled upon, many devel-

virtue of disallowing ‘generic drugs’

oped nations since the Uruguay Round

(low-cost imitations of the original

have not upheld their commitments to-

product).37 In this way, TRIPs can be

ward developing countries. For exam-

understood as a barrier to, rather than a

ple, developed countries have not com-

server of, international human rights

plied in the fields of agriculture and tex-

protection.

tiles, which are priorities for many de-

The ‘Singapore issues’ and post-

veloping nations.41 Lower tariffs in these

Uruguay Round trends also exemplify

fields, which are beneficial to develop-

substantive injustice in TRIPs. The

ing

Sell, “Big Business, the WTO, and Development: Uruguay and Beyond,” 190. 33 Lauren Winter, “Cultivating Farmers’ Rights: Reconciling Food Security, Indigenous Agriculture, and TRIPS,” Vanderbilt Journal of Transnational Law 43, 1 (2010): 234. 34 “TRIPS: Council Discussion on Access to Medicines: Developing country group’s paper,” World Trade Organization, accessed September 14, 2015. https://www.wto.org/english/tratop_e/trips_e/paper_develop_w296_e.htm

countries,

were

theoretically

Oxfam, Cut the Cost: Patent Injustice: How World Trade Rules Threaten the Health of Poor People (London, 2001), 3. 36 Ibid. 37 Ibid. 38 Simon J. Evenett, “Five hypotheses concerning the fate of the Singapore issues in the Doha Round,” Oxford Review of Economic Policy 23, 3 (2007): 395397. 39 Sell, “Big Business, the WTO, and Development: Uruguay and Beyond,” 192. 40 Ibid. 41 Ibid.

provided in return for stronger intellec-

however, this is not the case. Although

tual property rights.42 Developing coun-

voting is technically possible in the

tries accepted TRIPs on the assumption

WTO, decisions are typically made as a

that concessions on agriculture and tex-

result of consensus.47 The benefits of

tiles would be made, and that aggressive

such a system, and perhaps the WTO’s

unilateralism from the United States of

rationale for implementing it, are clear:

America would

reduce.43

Further, the

generally, there will be broad support

initial protection afforded to developing

for the decision, no party loses face, and

countries in the fields of agriculture and

the decision-making process very sel-

textiles was inferior to the protection af-

dom results in open battle.48 It is true,

forded to developed countries in the

however, that more powerful states tend

field of intellectual property.44 Subse-

to be more influential than less powerful

quently, many developing nations have

states in the bargaining process.49 If one

become dissatisfied with the TRIPs

large state disagrees with a particular

agreement, arguing that it “fails to take

proposal, that proposal is highly un-

into consideration their needs, interests,

likely to proceed; this is much less likely

and local conditions.”45 It seems clear,

to be the case should a smaller state be

then, that TRIPs can be couched as sub-

the only state to disagree.50 This is likely

stantively unjust. However, procedural

due to the threat of economic coercion.

justice must also be considered.

Whilst states might agree to terms based

The WTO operates on a ‘one-

on mutual beneficence, this is not al-

state, one-vote’ basis, in which each

ways the case. Economic coercion, or

proceedings.46

the threat of economic coercion, can

In theory, this exemplifies procedural

lead to ‘forced co-operation’ in the in-

justice; each state is treated the same,

ternational arena.51 Although each state

and is represented equally. In practice,

may hold ‘agency’ insofar as being able

Peter K. Yu, “TRIPs and Its Discontents,” Marquette Intellectual Property Law Review 10, 1 (2006): 371. 43 Sell, “Big Business, the WTO, and Development: Uruguay and Beyond,” 186. 44 Yu, “TRIPs and Its Discontents,” 371. 45 Ibid, 369. 46 Ngaire Woods and Amrita Narlikar, “Governance and the Limits of Accountability: The WTO, the IMF, and the World Bank,” International Social Science Journal 53, 170 (2001): 573.

state has an equal say in

Hoekman, “Global Trade Governance,” 556. Claus-Dieter Ehlermann and Lothar Ehring, “Decision-Making in the World Trade Organization: Is the Consensus Practice of the World Trade Organization Adequate for Making, Revising and Implementing Rules on International Trade?” Journal of International Economic Law 8, 1 (2005): 66-67. 49 Ibid. 50 Ibid, 558. 51 Sell, “Big Business, the WTO, and Development: Uruguay and Beyond,” 190. 48

to govern its own population, this

are excluded from this process.57 As

agency is “embedded in broader and

such, the disparity of influence between

deeper structures characterized by glar-

member states, coupled with the sheer

ing power asymmetries.”52 During the

amount of negotiation that takes place

Uruguay Round, developed nations

in the WTO, has pushed many develop-

were advantaged by the structure of

ing countries outside the realistic scope

trade negotiations by virtue of holding

of decision-making.58 Many developing

greater economic influence. This was

nations have not been provided with the

the case even when developing nations

means to truly influence negotiations,

formed coalitions, suggesting that the

rendering it difficult for them to be im-

WTO is procedurally unjust.53 This

pactful when finally involved.59 The

asymmetry of power should not be ig-

rule-based, consensus decision-making

nored.

procedures of the WTO ultimately allow Procedural injustice is evident,

power asymmetry in the same way that

too, in the exclusion of some of the

a power-based structure would.60 Here,

WTO’s member states during core deci-

theoretical procedural justice in terms of

sion-making

Histori-

the ‘one-state, one-vote’ system has

cally, Canada, the European Union, Ja-

clearly not led to practical procedural

pan, and the United States of America –

justice in the WTO.

consultations.54

collectively known as ‘the Quad’ – have

Dispute settlement mechanisms

been at the centre of decision-making

are also considered an important aspect

and negotiations.55 This remains the

of procedural justice in the WTO. The

case: typically, ‘Green room’ discussions

WTO plays a crucial role in the enforce-

include only the Quad in addition to

ment of international trade commit-

any countries to whom the issue at hand

ments.61 Since 1995, over 450 cases have

is of particular salience.56 All other states

been adjudicated; in the majority of

Ibid, 193. Peter Drahos, “When the Weak Bargain with the Strong: Negotiations in the World Trade Organization,” International Negotiation 8, 1 (2003): 79. 54 Woods and Narlikar, “Governance and the Limits of Accountability: The WTO, the IMF, and the World Bank,” 577. 55 Hoekman, “Global Trade Governance,” 555. 56 Woods and Narlikar, “Governance and the Limits of Accountability: The WTO, the IMF, and the World Bank,” 577.

Ibid. Ibid. 59 Ibid, 578. 60 Richard H. Steinberg, “In the Shadows of Law or Power? Consensus-Based Bargaining and Outcomes in the GATT/WTO,” International Organization 56, 2 (2002): 339. 61 Hoekman, “Global Trade Governance,” 552.

these cases, the ‘losing’ party has agreed

Since 1945, which marked the

to comply with international stand-

end of World War II, there has been

ards.62 It is true that developing nations

great emphasis on the role of interna-

have at times used this scheme to their

tional institutions in global governance.

advantage. In 2004, for example, the

The World Trade Organization was for-

WTO ruled in favour of Brazil over the

mally established in 1995 on the back of

United States of America in relation to

the General Agreement on Tariffs and

the latter’s cotton subsidies.63 Insofar as

Trade, which subsisted provisionally

the WTO is governed in a rule-based

from 1948 until 1995. Despite the gen-

manner, it may be the case that devel-

eral perception that such institutions

oping countries have greater leverage to

work toward the protection of global

challenge more powerful states. How-

justice, there remain calls for greater

ever, in this scheme, it remains evident

transparency in both their structures

that power asymmetries dictate many

and outcomes. In this paper, two

negotiations. Retaliation from state to

branches of global justice – substantive

state can now be used to ‘encourage’ the

justice and procedural justice – were in-

infringing country to better comply

troduced. Each of these was discussed in

with international standards.64 As some

relation to the WTO. Analysis suggests

countries are too small to be able to re-

that the WTO may be substantively un-

alistically influence larger countries in

just. Policies such as TRIPs and the ‘Sin-

meaningful ways, developed nations are

gapore issues’ appear to favour devel-

advantaged by the WTO’s present dis-

oped countries over developing coun-

pute settlement

mechanism.65

Indeed,

tries; further, developed countries seem

small countries that inflict import barri-

not to have fulfilled their international

ers will likely cause more harmful to the

commitments in fields most salient to

welfare of their own country than to the

developing nations. The WTO also ap-

infringing, larger state.66 As such, the

pears to be procedurally unjust. Alt-

WTO is structured in a way that is

hough voting theoretically exists in the

skewed toward the interests of devel-

WTO, ‘consensus’ is often achieved in

oped nations.

practice as a result of significant power

Ibid. Sell, “Big Business, the WTO, and Development: Uruguay and Beyond,” 193. 64 Hoekman, “Global Trade Governance,” 557.

Ibid. Bernard Hoekman and Petros Mavroidis, “WTO Dispute Settlement, Transparency and Surveillance,” World Economy 1, 1 (1999): 5.

asymmetries. Many developing nations are excluded from core decision-making negotiations, and the dispute settlement mechanism also seems to favour more powerful states. For an international institution that allegedly promotes economic and international trade equality, these findings are troubling. This paper has focused exclusively on the WTO; however, it has offered an insight into international

institutions

governing

global trade, finance and development in general. Although many aspects of these institutions could be considered ‘formally just,’ their practical justice appears questionable.

BIBLIOGRAPHY Abbott, Frederick M. “The Doha Declaration on the TRIPS Agreement and Public Health: Lighting a Dark Corner at the WTO.” Journal of International Economic Law 5, 1 (2002): 469-505. Correa, Carlos M. Intellectual Property Rights, the WTO and Developing Countries: The TRIPS Agreement and Policy Options. London: Zed Books Ltd., 2000. Drahos, Peter. “When the Weak Bargain with the Strong: Negotiations in the World Trade Organization.” International Negotiation 8, 1 (2003): 79-109. Ehlermann, Claus-Dieter, and Lothar Ehring. “Decision-Making in the World Trade Organization: Is the Consensus Practice of the World Trade Organization Adequate for Making, Revising and Implementing Rules on International Trade?” Journal of International Economic Law 8, 1 (2005): 51-75. Ehrenreich, Nancy. “Foreword: Conceptualizing Substantive Justice.” The Journal of Gender, Race & Justice 13, 1 (2009-2010): 535-574. Elsbernd, Mary, and Reimund Bieringer. When Love is Not Enough: A Theo-Ethic of Justice. Minnesota: The Liturgical Press, 2002. Esty, Daniel C. “The World Trade Organization’s legitimacy crisis.” World Trade Review 1, 01 (2002): 7-22. Evenett, Simon J. “Five hypotheses concerning the fate of the Singapore issues in the Doha Round.” Oxford Review of Economic Policy 23, 3 (2007): 392-414.

Grigorescu, Alexandru. “Transparency of Intergovernmental Organizations: The Roles of Member States, International Bureaucracies and Nongovernmental Organizations.” International Studies Quarterly 51, 3 (2007): 625-648. Hoekman, Bernard. “Global Trade Governance.” In International organization and global governance, edited by Thomas G. Weiss and Rorden Wilkinson, 552-563. New York: Routledge, 2014. Hoekman, Bernard, and Petros C. Mavroidis. “WTO Dispute Settlement, Transparency and Surveillance.” World Economy 1, 1 (1999): 1-22. Kerr, William A., Jill E. Hobbs, and Revadee Yampoin. “Intellectual property protection, biotechnology and developing countries: will the trips be effective?” AgBioForum 2, 3 (1999): 203-211. Lind, E. Allan, and Tom R. Tyler. The Social Psychology of Procedural Justice. New York: Plenum Press, 1988. Matsushita, Mitsuo, Thomas J. Schoenbaum, and Petros C. Mavroidis. The World Trade Organization: Law, Practice, and Policy (Oxford: Oxford University Press, 2006), 1. Mearsheimer, John J. “The False Promise of International Institutions.” International Security 19, 3 (1994-1995): 5-49. Nesadurai, Helen E. S. “Bandung And The Political Economy of North-South Relations: Sowing The Seeds For Revisioning International Society.” With Compliments 95, 1 (2005): 1-32. O’Brien, Robert. Contesting Global Governance: Multilateral Economic Institutions and Global Social Movements. Cambridge: Cambridge University Press, 2000. Oxfam. Cut the Cost: Patent Injustice: How World Trade Rules Threaten the Health of Poor People. London, 2001.

Sell, Susan K. “Big Business, the WTO, and Development: Uruguay and Beyond.” In Political Economy and the Changing Global Order (3rd edition), edited by Richard Stubbs and Geoffrey Underhill, 183-196. Ontario: Oxford University Press, 2006. Smith, Michael W. “Bringing Developing Countries’ Intellectual Property Laws to TRIPs Standards: Hurdles and Pitfalls Facing Vietnam’s Efforts to Normalize an Intellectual Property Regime.” Case Western Journal of International Law 31, 2 (1999): 211-252. Steinberg, Richard H. “In the Shadows of Law or Power? Consensus-Based Bargaining and Outcomes in the GATT/WTO.” International Organization 56, 2 (2002): 339-374. “The WTO.” World Trade Organization. Accessed September 10, 2015. https://www.wto.org/english/thewto_e/thewto_e.htm. Thibaut, John, Laurens Walker, Stephen LaTour, and Pauline Houlden. “Procedural Justice as Fairness.” Stanford Law Review 26, 1 (1973-1974): 1271-1290. “TRIPS: Council Discussion on Access to Medicines: Developing country group’s paper.” World Trade Organization. Accessed September 14, 2015. https://www.wto.org/english/tratop_e/trips_e/paper_develop_w296_e.htm. “What is the WTO?” World Trade Organization. Accessed September 10, 2015. https://www.wto.org/english/thewto_e/whatis_e/whatis_e.htm. Winter, Lauren. “Cultivating Farmers’ Rights: Reconciling Food Security, Indigenous Agriculture, and TRIPS.” Vanderbilt Journal of Transnational Law 43, 1 (2010): 223254. Woods, Ngaire, and Amrita Narlikar. “Governance and the Limits of Accountability: The WTO, the IMF, and the World Bank.” International Social Science Journal 53, 170 (2001): 569-583. Yu, Peter K. “TRIPs and Its Discontents.” Marquette Intellectual Property Law Review 10, 1 (2006): 369-410. 15

“The Strangers, The Crowd, and The Lynching: Using Mimetic Theory to Explore Episodes of Human Violence”

by Jenna Geick

Introduction

she had never before seen the two men.

In October of 2015, Mexican and

The hostility of the residents only in-

United States news sources reported on

creased, as did the size of the crowd

circumstances that resulted in the lynch-

gathered outside the precinct headquar-

ing of José and David Copado in

ters. Eventually, the residents stormed

Ajalpan, Mexico. The Copado brothers,

into the station and set fire to the build-

working together as freelance pollsters

ing. The brothers were seized and

for a marketing firm, arrived in Ajalpan

brought to the center of the growing

on the morning of October 19th to

crowd. A man, with his face covered by

question residents about tortilla con-

a motorcycle helmet, walked into the

sumption by children to collect market

center and doused the brothers with

data, a seemingly harmless task. How-

gasoline, setting them on fire (Ahmed et

ever, in the preceding days, residents

all. 2016). How are we to understand

were warned by means of social media

why such horrific violence occurred so

of potential child abductions and cau-

that it does not occur again?

tioned to be on the lookout for strangers

Unfortunately, the lynching that

coming to the southeastern part of the

occurred in Ajalpan, Mexico is just a sin-

Mexican state of Puebla. Hours after the

gle example of the widespread violence

brothers arrived in town, word spread of

consuming the world. All around us

the arrival of the strangers, and a crowd

worlds collide; [ADM1] cultures clash;

approached the brothers, demanding to

nations speak of war; individuals and so-

know why they were inquiring about

cieties turn further to violence against

the children. As the aggression of the

their neighbors; the blame is placed

crowd increased, police escorted the

upon someone else; and, it thus be-

Copado brothers to the precinct head-

comes necessary to search for the root

quarters. They found no reason to sus-

causes of these calamities. René Girard,

pect the two to be child abductors; yet,

a French literary critic, historian, and

very few residents accepted the police

theorist of the social sciences, expolored

verdict. One resident claimed that a

the connections between human vio-

young girl could testify that the brothers

lence and religion. Girard’s theory of

had sexually assaulted her; however,

mimesis allows individuals and society

when brought into the police station

to explore and reflect clearly on the

with her parents, the young girl did not

threat the lynching posed to the survival

recognize the brothers and told police

of human culture in Ajalapan, Mexico, 17

as well as on other acts of human vio-

humans experience a “lack of being:”

lence overwhelming the world. Mimetic

humans feel insufficient, inadequate,

theory analyzes the cause(s) of a conflict

and impoverished. Therefore, humans

in a community that results in human

habitually imitate a model, often an-

violence and the diffusion of such vio-

other person whom we admire or would

lence across a community or a group of

like to be, as a means to possess the full-

persons that ultimately leads to the

ness of being this model appears to pos-

ubiquitous use of scapegoating. Mimetic

sess, yet, do so without ceasing to have

theory also illuminates the role of hu-

our own autonomy.

man violence in a community caught up

possess such things as higher status, a

in mimetic desire.

better job, or a bigger car. Although the

The model may

Girard’s mimetic theory can be

objects of desire vary, the process of de-

applied to acts of human violence that

sire is always the same: imitators believe

are present in the world today to ac-

that if they can acquire the models’ ob-

count for what has happened. Exploring

jects, they will no longer feel a lack of

mimetic theory is necessary for our cul-

being (Girard 2007, 2). With the fulfill-

ture’s continued existence, as it will al-

ment of their desires (which are actually

low us to analyze and reflect upon the

the desires of their models), they will

greatest threat to our survival: human vi-

feel complete.

olence. In this essay, Girard’s theory will

Unfortunately, the convergence

be utilized to explain the lynching that

of desires upon an object that cannot be

took place in Mexico this past year and

shared, or on an object that someone re-

a historic lynching that occurred in Du-

fuses to share, indicates that the model

luth, Minnesota so that we can gain the

and the imitator cannot hold the same

ability to recognize when scapegoating

desires without becoming obstacles to

occurs in the world so that human vio-

each other. Thus, the object causes in-

lence is perpetrated no more.

terference that both reinforces the imitation and makes it reciprocal between

Mimetic Theory, Violence, and Scape-

the model and the imitator, rather than

goating

bringing the imitation to an end. Girard

Girard explains that mimetic de-

calls this conflict “mimetic rivalry”

sire is a desire that imitates the desire of

(Girard 2007, 3). The previous positive

another (Girard 2007, 1). Humans are

feeling that drew the imitator to the

subject to this form of desire as all

model becomes a feeling of hatred 18

toward the model. On the individual

are at risk. Girard observes that human

level, hatred may lead to increasing

societies have devised a means of reduc-

competition and, ultimately, to vio-

ing this threat; over and over, the two

lence. If the actions of an individual are

groups lose track of the object of desire.

rooted in the imitation of another indi-

It becomes irrelevant as the community

vidual, both individuals reach for the

is consumed by mimetic rivalry. Now,

same object. In this way, they become

their attention is drawn to a third party,

rivals for the object as each individual

an individual or out-group. Joining to-

becomes both the imitator of the other

gether, the groups’ violence polarizes

and the model to his or her own. Each

against the same individual or out-

individual attempts to push to the side

group, who they blame for the entire

the obstacle that the other places in his

situation. When this crisis point is

or her path. Violence is the process

reached, the scapegoat mechanism is

when two or more individuals attempt

triggered (Girard 2007, 5).

to prevent the other from reaching the

The scapegoating mechanism is

desired object through physical or other

the means by which a community or

means (Girard 1979, 2). Violence is mi-

group of persons transfers collective re-

metic rivalry escalating without con-

sentment to a single victim in attempt

straints.

to relieve the society of a crisis and to

Mimetic desire and violence are

return unity and order. The develop-

also shown among groups. As an object

ment of the scapegoating phenomenon,

becomes the central focus of the mi-

or the system of persecution, encom-

metic rivalry between two (or more) in-

passes a sequence of events. This mech-

dividuals, other members of the com-

anism may be triggered by a natural dis-

munity often tend to join in: imitation

aster, such as when a city is ravaged by

is mimetically attractive to groups of

a plague or consumed by a flood. It can

people (Girard 1979, 12). As the number

also be provoked by a social crisis, such

of people expressing desire multiplies,

as governmental corruption or the

the competition increases and polarizes.

threat of unemployment, that often, but

When two individuals have competing

not always, leads to the death of numer-

desires, the risk of violence is limited to

ous persons in a community or group.

the two competitors. But, when two

As a result of the vast numbers of deaths,

groups compete, violence poses an ab-

or the threat of death alone, a single, in-

solute threat: all members of the groups

nocent person is blamed for causing the 19

crisis and is therefore put to death or,

scapegoat at the very moment when

though not as often today, exiled from

they rush to his attack. They think all

the community. Only then can a com-

initiative comes from him. … There is

munity live in peace as harmony and or-

only one person responsible for every-

der are restored, and persons believe

thing, one who is absolutely responsi-

that a fullness of being has been

ble, and he will be responsible for the

reached. Thus, the violence is perpetu-

cure because he is already responsible

ated no longer. Because it is part of the

for the sickness” (Girard 1986, 43).

human condition to continuously feel a lack of being, because mimetic desire,

While scapegoats cure neither natural

which instigated the system of persecu-

nor social disasters, the scapegoat is only

tion, is part of the human condition,

effective because the community be-

and because natural disasters and other

lieves he or she has the power to cure

crises generate social disorder even in

such crises (Girard 1986, 43).

times of relative calm, after a time of

For the scapegoat mechanism to

peace, the cycle of mimetic desire regu-

work in restoring unity and order to a

larly begins again.

community, the persecutors (those who

In the eyes of the persecutors, the

place the blame upon a truly innocent

scapegoat is not only responsible for the

victim) must perceive the victim to be

disorder, but responsible for returning

fully responsible for the crisis that comes

order and stability to the community

to an end when the victim is put to

upon his death or expulsion; the scape-

death. Girard continues:

goat is viewed as having salvific powers. The sacrifice of the scapegoat, the col-

“A

scapegoat

effect

that

can

lective action of the community, puri-

acknowledged as such by the scapegoat-

fies the community of its own disorders

ers is no longer effective, it is no longer

(Girard 1979, 11). Girard proposes the

a scapegoat effect. The victim must be

persecutors’ explanation for the recon-

perceived as truly responsible for the

ciliation and end of the crisis:

troubles that come to an end when it is collectively put to death. The commu-

“They cannot take credit for it. Terrified

nity could not be at peace with itself

as they are by their own victim, they

once more if it doubted the victim’s

themselves

enormous capacity for evil” (Girard

are

completely

passive,

purely reactive, totally controlled by this

1979, 14). 20

Peace and harmony would not be re-

stereotypes need be present to indicate

stored to a community if persons

persecution; however, a majority of

doubted the victim to be entirely re-

these will be visible in acts of human vi-

sponsible for the disorder, and thus, the

olence (Girard 1986, 24).

scapegoating mechanism would breakdown.

The Lynching in Ajalpan, Mexico: An There are clear marks of stereo-

Incident of Scapegoating

types of persecution found within myths

The stereotypes of persecution present

(stories that enable people to connect

in the scapegoating phenomenon make

with deep beliefs and values and with

it possible to understand how and why

problems ascribed to the human condi-

the lynching of the brothers in Ajalpan,

tion) and historical accounts. The stere-

as well as in other episodes of human

otypes, when present, allow us to con-

violence, took place. Girard describes

clude that the account is a truthful per-

the scapegoating mechanism in detail,

secutory tale and real acts of violence

showing how the arrival of the Copado

occurred during these times of crisis in

brothers leads to their lynching as an in-

history. With the term “stereotypes”

cident of scapegoating. All five stereo-

Girard plays with its dual meanings. A

types of persecution are present in inci-

stereotype is an oversimplified concept,

dent Ajalapan, Mexico where the two

image, or opinion of a group or com-

Copado brothers were drenched with

munity, but also a type of printing plate

gasoline and set on fire. I will explore

developed in the 1900s to facilitate cop-

each of these in turn as I analyze this

ying identical texts (Encyclopaedia Bri-

tragic episode of human violence.

tannica 1998). Thus, the same pattern

According to Girard, the first ste-

and similar characteristics can be found

reotype of persecution is evident with a

in all circumstances where the stereo-

breach in the social order and a loss of

types are present. Girard has discovered

difference, which creates confusion and

that these stereotypes can be reliably

disorder in the community. The lack of

used to determine in very different cul-

differentiation corresponds to the reality

tural and historical contexts that an act

of human nature: the similarity of our

of human violence is an act of scape-

behavior creates confusion and a univer-

goating. Like the patterns of the stereo-

sal lack of difference (Girard 198, 14).

types used in printing, all scapegoats ex-

There are two types of differences: the

hibit quite similar characteristics. Not all

absence of important social differences 21

that are associated with a social crisis

reported to authorities, because persons

and the differences of the victim from

believe law enforcement cannot be

others in the community.

trusted because of internal corruption or

The events that transpired in

that authorities will not take any action.

Ajalpan, Mexico exhibit the first stereo-

Only seven percent of the reported

type of persecution in startling form.

crimes proceed to court in Mexico, and

The people of Ajalpan had their own ex-

many suspects are never convicted (“Vi-

planation for the reason the community

olence in Mexico and Latin America”

fashioned its own justice: they were

2014). Thus, Mexicans feel they must

tired of governmental corruption and

fashion their own justice.

indifference, part of a longstanding

Mexico has long had high pov-

problem that Mexican officials claim is

erty rates, especially in rural regions and

on the rise (Ahmed et all. 2016, 1). In

in indigenous populations. The fact that

this explanation is the first stereotype of

Mexico’s indigenous people are much

persecution: the breach in the social or-

poorer than its non-indigenous people

der. The actions of the crowd were born

is well known. The Mexican state of

from a sense of hopelessness shared by

Puebla has the third highest level of pov-

many Mexicans due to disturbances in

erty in the country, and the United Na-

the social order.

tions links the poverty of the state to

Two of the key contributors to

poor government policies and the gov-

high levels of violence stemming from

ernmental corruption. In addition, Latin

the breach in the social order in Mexico

America has the greatest income ine-

are the inability of the Mexican govern-

quality of any region in the world. Alt-

ment to effectively combat widespread

hough poverty is a key factor in the rise

corruption and to strengthen the rule of

in violence in Mexico, income inequal-

law (Seelke 2016, 1). Mexicans share

ity is a contributing factor. Income ine-

feelings of insecurity and a lack of trust

quality in Mexico is due to several fac-

in law enforcement and the criminal jus-

tors: the country’s regressive tax system,

tice system due to its corruptness and

oligopolies that have dominated certain

inefficiency. More than half of Latin

industries, wage policies that keep the

Americans have little or no confidence

minimum wage too low, and a lack of

in law enforcement (“Violence in Mex-

targeting these issues in numerous social

ico and Latin America” 2014). To make

programs (Seelke 2016, 12). Studies

it worse, only a quarter of crimes are

show that in areas where wealth, which 22

goes hand-in-hand with political power,

have universal and predictable markers,

and where extreme poverty are present,

or victim signs.

violence tends to occur more frequently

Victims are selected because they

(“Violence in Mexico and Latin Amer-

belong to certain classes that are more

ica” 2014). Violence gives power to

susceptible to victimization than others,

those who are economically depressed.

rather than for the crimes they have

Girard explains that with the sec-

committed. Victims are often selected

ond stereotype of persecution, a com-

from the classes at the high end, the rich

munity searches for the source of the

and powerful, and the low end, the mi-

disorder and a cause for it. There is a

norities, on the social spectrum. Individ-

strong tendency to attempt to explain

uals at the high end of the social spec-

the violence by social and moral crises

trum are vulnerable because their allies

(Girard 1986, 14). Mimetic rivalry plays

are committed to their power and posi-

an important role in the progression of

tion, not to them. Once attacked, there

the stereotypes of persecution. When

is no one to speak up for them. Indi-

social disorder arises, people within the

viduals at the low end are also vulnera-

community become increasingly rival-

ble; even in large numbers they lack sta-

rous. They compete for whatever is in

tus and resources to protect themselves.

short supply: food, access to clean wa-

Victims often are not part of the social

ter, money, safe neighborhoods, etc.

spectrum at all, such as strangers or for-

The source of the instability is exacer-

eigners to a community (Girard 1986,

bated as the rivalry stems from the exis-

17). In addition, there are physical cri-

tential discomfort in the world; a lack of

teria for victim selection, such as sick-

being. The rivalries then polarize on an

ness, madness, abnormal behavior or

(innocent) victim.

This individual is

disability (Girard 1986, 18). The victims

seen as guilty in the eyes of the persecu-

are too remarkable to have been chosen

tors: the third stereotype of persecution.

randomly:

All parties in the increasing competition now begin to act as if their problem is

“Something about the victim stands out

not with each other but with this inter-

and catches an attention which turns to

loper or problematic individual. Girard

hostility, either because of the fear or

insists the choice of victim is random;

disgust, which infirm and abnormal

however, it not necessarily so, as victims

people inspire in ignorant crowds even to this day, or because of an envy which 23

privilege inspires in those who do not

of the disorder, the second stereotype of

share it” (Girard 2007, 6).

persecution, in the arrival of the Copado brothers. This links with the commu-

Although it looks like victims are cho-

nity’s fear of strangers abducting the

sen because there is something unique

youth and that any suspects would likely

about them, which makes them stand

escape due to the corruption with the

out, Girard points out that mimeticism

police department. The rivalries experi-

drives the choice of victims. If victims

enced by the townspeople of Ajalpan

were

persons

then polarized on the victims, the two

would not feel rivalrous with them. The

brothers: the third stereotype of perse-

signs of the victim indicate that the se-

cution. Not surprisingly, the brothers

lection of a victim does not result from

were vulnerable to such persecution, as

the difference of the victim, but from

they possessed the universal marks of

the victim not being sufficiently differ-

victims. The Copado brothers were vis-

ent enough from the community, and in

iting Ajalapan from Mexico’s capital

the end, for not being different at all

city, Mexico City, on behalf of an out-

(Girard 1986, 22). Girard continues:

side group, a marketing firm: they were

absolutely

different,

strangers in the Ajalapan community. “We hear everywhere that ‘difference”

Given the poverty and income inequal-

is persecuted. … Despite what is said

ity of the area, the fact that these

around us by persecutors are never ob-

strangers were being compensated by a

sessed by difference but rather its unut-

marketing firm to ask questions about

terable contrary, the lack of difference”

food consumption emphasized their dif-

(Girard 1986, 22).

ference from the community. Despite the opinion of the hostile crowd, the

Anything that compromises the illusion

Copado brother’s truly lacked any dif-

of diversity terrifies us and stirs up the

ference from Ajalpan community; and,

propensity for persecution. This lack of

this lack of difference terrified the com-

difference threatens the community.

munity. The Copado brothers possessed

The second and third stereotypes

the universal victim marks.

of persecution are also present in the

The fourth stereotype, as out-

lynching that transpired in the south-

lined by Girard, emerges with the for-

eastern Mexican state of Puebla. The

mation of a mob, under the influence of

Ajalpan community located the source

mimetic rivalry itself, which initiates 24

violence against the victim. Subse-

utmost regard. The fear of having their

quently, an accusation of a crime, often

children abducted and never to be seen

sexual, violent, or religious in nature, is

again stems from the fact that Mexico is

hurled against the victim as if the mob

a source, transit, and destination coun-

is attempting to provide justification for

try for human trafficking; a vast amount

its formation. Such crimes attack the

of victims fall into sexual exploitation

foundation of human culture and hold

and prostitution and are exploited into

quite

thus,

forced labor. The state of Puebla, where

when such crimes are brought to light,

the rumors of child abductions led to

members of the community believe that

the lynching of the two brothers, cur-

the individual accused of the crime is a

rently ranks third in the number of vic-

major threat to the whole of society. Ac-

tims of human trafficking, of those states

cusations of crimes that are sexual, vio-

that have reported (Acharya et all 2016).

lent, or religious in nature further fuel

Fears that even their children will be

and justify the scapegoating mechanism.

taken from them capture symbolically

However, the accusation of a crime may

their poverty. Later, with the formation

come before the formation of the mob

of the crowd outside the precinct in the

in some persecutory tales, as the crime

plaza, a second rumor develops. The

itself functions as the reason why the at-

two brothers were believed to be guilty

tack is launched at the victim. One of

of a sexual crime, the molestation of a

the features of the fourth stereotype of

local girl, as if to justify the formation of

persecution is that it is quite predicta-

the mob. The accusation of the crime of

ble; yet, a review of the facts shows that

child abduction and molestation against

the persecution is unjustified.

the two brothers was never specified nor

powerful

consequences;

In the lynching account from

confirmed by law enforcement.

Ajalpan, Mexico, the fourth stereotype

The fifth stereotype of persecu-

is visible in two sets of rumors. First,

tion signals the end point of the scape-

before the Copado brothers even arrive,

goating mechanism. The end point is in-

the Mexican community is beset by ru-

dicated by the restoration of order and

mors of child abductions. Having little

peace to the community stemming from

to no possessions, the impoverished

the sacrifice of the victim, often the

families of the Ajalapan community, as

lynching of the individual accused of the

well as the impoverished families across

horrific crimes. There is, however, a

the world, value their children with the

beneficial effect of this human violence: 25

A victim whose punishment will not

memorials erected to commemorate the

provoke anyone to take revenge is se-

victim are akin to sacrificial altars used

lected unconsciously, and so violence

in ancient times to preserve the location

will be perpetuated no longer. .. It re-

where violence was transformed into

stores against and around a single victim

peace.

the togetherness of the community

The fifth stereotype is present in

which has been gravely damaged in mi-

Ajalapan when the two brothers were

metic crisis (Girard 2007, 5-6).

covered with gasoline and lit on fire, sig-

Peace is then restored because

naling the end of the scapegoating

the community believes that with the

mechanism. From Girard’s perspective,

sacrifice of the scapegoat, a fullness of

this action is a rite of “sacrifice.” The

being has been achieved. The victim is

Copado brothers had given their lives to

fully responsible for restoring social

save the lives of residents of Ajalapan,

bonds and unity as he was the cause of

making their death emphatically sacred.

the disruption of social bonds in the first

After the lynching of the brothers, a

place. As a result, the community again

small shrine was erected at the plaza di-

lives in peace as the sacrifice of the vic-

rectly over the reside where the brother

tim purges the community of its own

had been burned alive to signify that the

disorder. The scapegoat is given a kind

peace had been restored in the commu-

of sacred power, as he is a bringer of

nity. The violence was perpetrated no

peace and harmony and, because of

longer in the community of Ajalpan.

him, the community is reconciled. The

The existence of the stereotypes of per-

production of the sacred is made possi-

secution present convinces the reader

ble by a key reversal of the relationship

that the acts of violence and the crisis

between the persecutors and the victim.

are real, and thus, that the account is a

All power is given to the victim, but we

true persecutory tale.

the

modern

age

refuse

In his study of scapegoating,

acknowledge that power for it justifies

Girard gives many historical examples

the entire scapegoating mechanism. It

that demonstrate that the stereotypes he

may not be expected to see the fifth ste-

identified are found throughout history

reotype in a contemporary example

and in many different settings. Girard

from the secular world. Individuals may

discovered that the world swarms with

wonder how sacrifices can actually have

scapegoats. Sadly, we are rarely aware

sacred power. However, shrines and

of our own complicity in scapegoating. 26

We think scapegoating is done by other

examination of the female by a physi-

persons in other places, yet we uncon-

cian show any evidence of rape. How-

sciously engage in scapegoating for it is

ever, the six African-Americans were ar-

part of the human condition.

rested and held at the precinct head-

An example that shows how

quarters. Word quickly spread, and a

Girard’s theory can be applied much

mob of Caucasian residents formed out-

closer to home than Mexico comes from

side the precinct. The mob forced its

the tragic events transpired in Duluth,

way into the police station, and the

Minnesota on June 15th, 1920, during a

three young African-Americans were

violent period of racial conflict in the

pulled from the holding cells and de-

United States. Duluth, a harbor city on

clared guilty by the mob. Three men

Laker Superior with an abundance of

were then beaten and lynched. The city

iron and timber, became a notable cen-

of Duluth had caved into the scapegoat-

ter for shipping and manufacturing. The

ing

population rose as persons settled in the

largely forgotten as decades passed.

city to find work in the factories, ship-

However, in 2003 a memorial was es-

yards and on the railroads. The steel cor-

tablished to celebrate diversity in Du-

poration in Duluth actively employed

luth and to honor the three lives lost

African-Americans from the southern

(“Duluth Lynchings” 2016).

mechanism.

The

incident

was

states; thus, Duluth became the home to

Like all episodes of scapegoating,

a small African-American community.

the stereotypes of scapegoating are pre-

On the summer day of June 14th, 1920

sent in the events that transpired in Du-

the John Robinson Circus, an employer

luth, Minnesota. The first stereotype of

of young African-American men, came

persecution, a breach in the social or-

to town. That night a young Caucasian

der, links with the recruitment of Afri-

couple attended the circus and, towards

can-Americans by the steel industry in

the end of the evening, the two walked

Duluth. The industry discovered that if

past the back of the main tent. In the

African-Americans were recruited from

hours following, the Duluth police re-

the south, which was economically de-

ceived a call informing them that six of

pressed at the time, they would work for

the circus workers held the couple at

lower pay than Duluth residents. Thus,

gunpoint and then proceeded to rape

large numbers of workers from African-

the female. There was not any evidence

American communities in the South

to support the claims nor did the

were brought to Duluth, depressing 27

wages in the local economy. With the

existence of the stereotypes of persecu-

second stereotype, the Duluth residents

tion in Duluth convinces the reader that

searched for the source of the disorder

the acts of violence and the crisis are

in the community: the African-Ameri-

real, and thus, that the account is a true

cans, who were arriving in Duluth to

persecutory tale.

take local jobs. Often the source of the

But what about the memorial or

disorder cannot take on entire popula-

shrine?

There is no record from the

tions, so communities tend to focus on

time that the circus workers were me-

a particular representative of the source

morialized. But in 2003, an event com-

as the cause of the breach in the social

memorated the lynchings in Duluth by

order. Thus, the rivalries experienced by

dedicating the plaza to the three men

the residents of Duluth then polarized

who were killed, as a means to restore

on the victim, the young African-Amer-

peace to the community. The fifth ste-

ican circus workers, indicating the pres-

reotype found in the scapegoating

ence of the third stereotype. Not sur-

mechanism was finally present; how-

prisingly, the circus workers were sus-

ever, there was a major difference. In a

ceptible to the victimization for the

traditional

three men for the possessed the univer-

shrine preserves the community’s belief

sal marks of victims. For one, the Afri-

in the guilt of the victim; by contrast,

can-American men were located at the

the Duluth memorial commemorated

lower end of the social order, based on

the young men who died and explicitly

their minority status in the city of Du-

named them as innocent victims of mob

luth and their economic status as impov-

violence. The change in the fifth stere-

erished circus workers. The fourth ste-

otype raises a question: when commu-

reotype of scapegoating arose with the

nities are able to recognize the inno-

formation of a mob in the plaza outside

cence of the scapegoat, will they stop

the precinct headquarters, after the

scapegoating?

scapegoating

scenario,

news of the alleged rape rapidly spread throughout the community. The mob

Conclusion:

Must There Be Scape-

forced its way into the building, break-

goats?

ing windows and tearing down doors,

The example of the scapegoating in

and then declared three men guilty after

Mexico and the confirmatory example

holding a “trial.” The three men were

from Duluth, Minnesota illustrate that

beaten and then lynched. Again, the

scapegoating can emerge, even in the 28

contemporary world. But Girard writes

during times of social unrest, the lives of

that it is more difficult for communities

the Copado brothers could have been

and groups to engage in scapegoating

spared.

today. Scapegoating only works when

Girard writes, “Today, persons

the mob believes that the person they

gained the ability to understand the

are attacking truly is guilty.

But

scapegoating phenomenon due to the

throughout history, just as happened in

Biblical critique of scapegoating. Juda-

Duluth in 2003, humans have become

ism and Christianity disrupt the scape-

increasingly aware of the innocence of

goating phenomenon, illustrating and

the scapegoat. Even the term “scape-

exposing the innocence of the victim as

goat” today means “someone who is

the story is envisioned through the eyes

blamed for the wrongdoings of others.”

of the innocent scapegoat, rather than

Because people see through the phe-

through the eyes of the persecutors who

nomenon, as they question the validity

see the scapegoat as truly guilty. Reli-

of the victim’s guilt, the endpoint of

gion is the institution that carried out

scapegoating is no longer reached. The

the practice of sacrifice historically, as

extreme desperation of the Ajalapan res-

spiritual behaviors and practices arose

idents, resulting from the years of gov-

first in human history as scapegoating

ernmental corruption, extreme poverty,

rituals; however, religion also exposes

income inequality, and poor govern-

the scapegoating mechanism and reveals

ment policies to combat the social un-

the innocence of the victim. However,

rest, was so severe that in their anxiety

this difficulty in engaging in effective

and fear that the scapegoating mecha-

scapegoating has not meant the end of

nism was triggered. It would not have

scapegoating. Instead, it tends to in-

been if the social unrest was not so se-

crease when the effect, achieving com-

vere. Residents desperately desired to

munity harmony as a fullness of being,

bring order and stability as a means to

becomes more difficult to achieve”

achieve a fullness of being from the

(Girard 1979, 17).

midst of the social disorder consuming

But, this has not meant the end

the country; and, the sacrifice of the Co-

of scapegoating because the phenome-

pado brothers did just that. If the resi-

non is still prevalent all across the world,

dents of Ajalapan, Mexico would have

as exemplified with the account from

recognized that the scapegoating phe-

Mexico this past year. In the contempo-

nomenon had the potential to arise

rary

world,

find

only

partial 29

scapegoats. We continue to create

describing how throughout history, hu-

scapegoats without recognizing we are

mans developed a scapegoat mechanism

doing so. We omit that last step of the

that, when put into operation, reduced

phenomenon: we refuse to view the vic-

community conflict, though tragically at

tim as a salvific force. We cannot accept

the expense of a victim or victims.

that the individual responsible for the

Girard is concerned that, with the expo-

social unrest will be the savior in the

sure of the scapegoat mechanism, we

time of crisis. When communities give

have not developed other effective

the victim salvific power, it justifies the

mechanisms to stop human violence.

scapegoating mechanism and the vio-

Unfortunately, because it is part

lence inflicted upon the scapegoat, re-

of the human condition to feel a lack of

sulting in momentary calm. Girard be-

being and because mimetic desire,

lieves because humans refuse to view the

which triggers the scapegoating phe-

victim as a salvific force, we are placed

nomenon, is part of the human condi-

in a dangerous situation. The commu-

tion, the cycle of desire leading to scape-

nity will never be emptied of its poisons

goating regularly begins again. Thus, it

and never feel liberated and reconciled

is deeply rooted in history and through-

within it self (Girard 1986, 42). After all,

out cultures. Even in the modern age,

it took almost a century for the people

scapegoating continues to occur as per-

of Duluth to come to terms with what

sons refuse to give the victims the power

they had done to the circus workers.

required to stop the violence and the

Peace is almost never restored in real

scapegoating cycle. They are denied the

time, which is why we engage in the

salvific powers that allow order to be re-

scapegoating mechanism in the first

stored to the community, and the com-

place.

munity remains unable to recognize It is important to understand that

Girard does not believe that we should

their own scapegoats. In the words of Girard,

go back to the time in history when

Each person must ask what his re-

mob violence directed against a vulner-

lationship is to the scapegoat. I am not

able outsider enabled a divided commu-

aware of my own, and I am persuaded

nity to return to peace. He would be

that the same holds true for my readers.

distraught to hear of the lynching in Aja-

We only have legitimate enemies. And

lapan, Mexico.

yet the entire universe swarms with

He is not prescribing

how humans should achieve peace; he is

scapegoats (Girard 1986, 41). 30

Thus, an understanding of mimetic theory is a vital tool for individuals and communities to illuminate and analyze the human violence that consumes the world today. If communities gain the ability to recognize their own scapegoats, human violence would no longer threaten the existence of human survival.

BIBLIOGRAPHY Acharya, Arun Kumar, Suarez, Armando Moctezuma, and Ontiveros, Francisco de Jesus Gomez. “Trafficking of Women and Children in Mexico: An Assessment of Trafficking Laws.” Revista de Cercetare si Interventie Sociala, no. 53 (2016): 5-21. Ahmed, Azam and Villegas, Paulina. “As Frustrations With Mexico’s Government Rise, So Do Lynchings.” New York Times. January 23, 2016. http://www.nytimes.com/2016/01/24/world/americas/as-frustrations-with-mexicos-government-rise-so-dolynchings.html?_r=0 Arce , Alberto. “In Frightened Mexico Town, a Mob Kills 2 Young Pollsters.” The San Diego Union-Tribune. October 22, 2015. http://www.sandiegouniontribune.com/news/2015/oct/22/in-frightened-mexico-town-a-mob-kills-2-young/ “Duluth Lynchings.” Minnesota Historical Society. June 18, 2016. http://www.mnhs.org/duluthlynchings/index.php Encyclopaedia Britannica (Chicago: Encyclopaedia Britannica, September 20, 1998). Girard, René. De la violence à la divinité. (Paris: Grasset, 2007). Unpublished English translation of the Introduction by James Alison and Andrew McKenna. Girard, René. “Mimesis and Violence: Perspectives in Cultural Criticism.” The Berkshire Review, no. 14 (1979): 9-19. Girard, René. The Scapegoat. (Baltimore; John Hopkinis University Press, 1986), 1-44. Seelke, Clare Ribando. “Mexico: Background and U.S. Relations.” Congressional Research Service. March 30, 2016. “Violence in Mexico and Latin America.” The Counsel of Hemispheric Affairs. February 21, 2014. http://www.coha.org/violence-in-mexico-and-latin-america/

“The Crises of Human Identity in the 1960s” by David DeHaas

On the night of June 28th, 1966, a vari-

Women, a means in which the interests

ety of powerful and frustrated women

and concerns pertaining with women

secretly met in the hotel room of Betty

could be addressed in the same sense

Friedan1 to discuss the federal govern-

that the NAACP represented the issues

ment’s efforts to elevate the economic

and concerns of African Americans.7 As

and social status of women.2 The Third

important as these events would be for

National Conference of Commissions

the betterment of the practical lives of

on the Status of Women was underway,

both women and men, the essence of

and the women who gathered in Betty

these events pertains to an issue far more

Friedan’s hotel room were all attending

critical.

this conference.3 Most of these women

The 1960s were a time of many

were employed by the federal govern-

social and political movements repre-

ment, thus representing a collective of

senting the diverse voices and concerns

prominent female figures that held in-

amongst the fragmented American pop-

fluential positions normally held by

ulous. The particular causes of these

males.4 They had faith that the govern-

movements consisted of clashes be-

ment was the best medium for address-

tween standard cultural norms that

ing these social and economic issues,

characterized American society, and

but the secrecy behind this midnight

communities that resisted this standard.

rendezvous hints at the magnitude of

However, I will argue that the social and

the problems facing women in the

political unrest that occurred in the

1960s. The meeting lead to the decision

1960s does not simply stem from the dif-

to present a proposal on the floor of the

fering concerns and causes of these

convention the following morning.5

movements, but, further, that a substan-

This proposal, however, was blocked

tial causal factor is a general crises of hu-

from even being considered.6

man identity.

This incident lead to the found-

My argument will proceed by ex-

ing of the National Organization for

plaining the nature of the identity crises,

Champion of the Women’s Movement and author of The Feminine Mystique. 2 National Women’s Organization. “Founding.” http://now.org/about/history/founding-2/. 3 Women and Social Movements in the United States, 1600-2000, “Third National Conference of Commissions on the Status of Women.”

Betty Friedan. Life so Far: A Memoir. (New York, NY: Simon & Schuster, 2000), 173. 5 Betty Friedan. Life so Far: A Memoir. (New York, NY: Simon & Schuster, 2000), 173. 6 Betty Friedan. Life so Far: A Memoir. (New York, NY: Simon & Schuster, 2000), 174. 7 Betty Friedan. Life so Far: A Memoir. (New York, NY: Simon & Schuster, 2000), 174.

which begins with a critical examination

us that American culture in the 1960s

on Betty Friedan’s The Feminine Mys-

rested upon a clear cut contradiction

tique. Friedan provides sufficient justifi-

consisting of a mystique surrounding

cation to make the claim that femininity

femininity. This mystique dictates that

has developed unnaturally by virtue of

women could only be happy and ful-

the cultures values and expectations,

filled by getting married and having

and this unnatural development lays the

children. Friedan uses a critical analysis

foundation for the identity crises. After,

of the media, advertising, and the psy-

I will show how this crisis affected the

chological assumptions about females

social and political unrest of the 1960s.

that permeated in American society.8 The immediate concern with the mys-

The Nature of the Human Identity Cri-

tique is that women were not feeling

ses

fulfilled as simply mothers and wives,

In order to fully grasp this crises of hu-

and Friedan was one of the few voices

man identity and to establish a founda-

that exemplified this dissatisfaction. Her

tion for my argument, it is necessary to

writings in The Feminine Mystique

briefly discuss the nature of human life.

sparked an outcry of mothers and wives

My analysis begins by begging the ques-

who felt as though their lives were un-

tion, how can human beings authenti-

fulfilling.9

cally achieve happiness and flourish?

Friedan’s claim that female flour-

This question has been addressed by

ishing and happiness was thwarted by

many different theories and interpreta-

American cultural standards is just as

tions, and many have even proposed

powerful as it is terrifying. Her postula-

that such an inquiry characterizes the

tion illustrates that American culture has

goals and aims of human life. However,

assumingly elevated the existence of

happiness, and the activities associated

women to the peak of happiness and hu-

with it, have always been defined under

man flourishing, when clearly, it was far

a shroud of subjectivity. My examina-

from the case. Friedan even comments

tion begins with Betty Friedan’s The

on the difficulty of determining that

Feminine Mystique, who expertly shows

there are any problems at all with

"Display Ad 180 -- no Title." New York Times (1923-Current File), Apr 30, 1963. The ad recurred multiple times throughout 1963: 07 June; 10 Apr; 02 May. This emphasizes the popularity of the book when it was first published.

Betty Friedan. The Feminine Mystique. (New York, NY: W. W. Norton & Company, 1963), 1-2, 10. 9 Betty Friedan. The Feminine Mystique. (New York, NY: W. W. Norton & Company, 1963), 7.

American culture. She writes, “How can

oneself, resulting in the conformity of

any woman see the whole truth within

the role as mother and wife.12 A female

the bounds of her own life? How can

who actively pursues her own goals and

she believe that voice inside herself,

intellectual desires is suffering from,

when it denies the conventional, ac-

what Deutsch terms, a masculinity com-

cepted truths by which she has been liv-

plex.13 According to this perspective,

ing?”10 The worries that beckoned

human flourishing is essentially a male

amidst the depths of the female psyche

endeavor, but again, what sufficient jus-

had no proper outlet to be expressed be-

tification is there to say that men and

cause of the fear of going against cul-

women are so fundamentally different?

tural expectations.

Despite any potential differences on the

The crises of human identity

subject, what is essentially illuminated

stems from the assumption that men

by the work of Friedan is a distinct dis-

and women are fundamentally different.

connect between happiness and the re-

One clear difference is biological, but

ality of female existence. This discon-

are the biological distinctions sufficient

nect can be fully expressed as the di-

justification for the psychological and

chotomy between masculinity and fem-

cultural distinctions that characterize

ininity.

masculinity and femininity? Friedan dis-

Despite other potential features

cusses the writings of Helene Deutsch

of one’s identity, being a male or female

on this matter. Deutsch associates mas-

is essential. The dysfunctional dichot-

culinity with activity and femininity

omy of gender is critical for understand-

with

passivity.11

According to this view,

ing the identity crises. The writings of

men are naturally active and women

Shulamith Firestone elaborate upon the

passively support the active endeavors of

consequences of gender’s unnatural de-

their husbands and male children.

velopment. Firestone’s book, entitled

Friedan interprets this perspective by

The Dialectic of Sex, associates the di-

stating that femininity can only be

chotomy of gender with a schism in hu-

achieved by renouncing one’s own ac-

man culture. She writes, “The sex role

tive pursuits and attempts to express

system divides human experience; men

Betty Friedan. The Feminine Mystique. (New York, NY: W. W. Norton & Company, 1963), 21. 11 Betty Friedan. The Feminine Mystique. (New York, NY: W. W. Norton & Company, 1963), 132133.

Betty Friedan. The Feminine Mystique. (New York, NY: W. W. Norton & Company, 1963), 133. 13 Betty Friedan. The Feminine Mystique. (New York, NY: W. W. Norton & Company, 1963), 133.

and women live in these different halves

the state of humanity suffered from a

of reality; and culture reflects this.”14

conflict between the status quo and

Firestone’s main argument is that the

freedom from the status quo. All the so-

single human psyche is split between

cial and political unrest could be viewed

masculinity and femininity, and she

as humanity attempting to break free

considers this schism with our culture.

from cultural norms and expectations,

She associates femininity with intuition

with the ultimate aim of reaching true

and the aesthetic, and masculinity with

human potential. This aim unified the

rationality and a technological way of

many different causes and movements

thinking.15 Firestone argues that both

of the 1960s, effectively inspiring a

femininity and masculinity and the hu-

grand attempt to optimize society’s po-

man powers associated with them con-

tential; yet even today we find much re-

stitute a single human psyche, but the

sistance against cultural standards. The

gender dichotomy has split the individ-

struggle to realize human potential is

ual psyche, resulting in schizoid cultural

just as prevalent today as it was in the

standards and expectations. This rift in

1960s, and a critical examination of

the culture is the source of the human

American values and the state of the

identity crises, and from this division of

economy in the 1960s will not only illu-

the human psyche, men and women are

minate upon the schizoid state of Amer-

conditioned to be a certain way without

ican culture, it will also show why this

ever realizing the fullest potential of hu-

struggle between the standard cultural

man life.

values and freedom from these standards continues to dominate life in America.

The Human Identity Crises and its effect

Many

the

counter-culture

on the 1960s

movements resisted the emphasis Amer-

The 1960s was a time when people from

ican culture placed on materialism and

all strata of American society were be-

consumerism. However, through their

coming more aware of injustice in the

efforts of resisting these cultural ideals,

world, but what of the psychological in-

the communities could not escape the

justice occurring within themselves? On

necessity of purchasing goods in order

account of the human identity crises,

to survive. Another problem was that

Shulamith Firestone. The Dialectic of Sex. (New York, NY: Farrar, Straus, and Giroux, 1970), 148.

Shulamith Firestone. The Dialectic of Sex. (New York, NY: Farrar, Straus, and Giroux, 1970), 156157.

the ideals propounded by these counter-

points to the change these movements

culture movements spread through the

desperately wanted.

American populous by virtue of con-

Through the same means materi-

sumer goods and commercialism. An-

alism and consumerism gained its eco-

thony Ashbolt writes, “The crucial role

nomic and cultural power, the ideals of

of the market in this suggests not only

the counter-culture movements could

possible limitations to the hippie cri-

have had an even greater impact on so-

tique of Establishment culture but also

ciety. The counter-culture aimed to re-

the very real seriousness with which

place the American cultural standards,

community set about building a poten-

which included consumerism and com-

tial alternative society.”16 The principles

mercialism, with standards and values

of the free market constituted the Amer-

they believed to be more just. But the

ican economy and were in themselves

only way to influence culture with the

American ideals. Although these move-

ideals represented by the counter-cul-

ments attempted to resist American ide-

ture would be through the same meth-

als they could not resist the economic

ods the American cultural standards

environment. The ideals of love, peace,

achieved dominance. Leslie M. Dawson

and communal living became products

fully illuminates upon this relationship.

for purchase.17 Ashbolt suggests that by

Dawson writes, "The marketing disci-

the end of the 1960s, “…’the fight

pline today constitutes a great paradox.

against organizations of the Establish-

The nation stands deeply troubled. It

ment has suddenly turned into an Estab-

seeks solutions to grave problems both

lished

The counter-

within and without its own society.

culture movements could not escape the

Marketing and marketers are in integral

economic environment they were resist-

part of this picture, either as a dimen-

ing, but this inability to completely re-

sion of the problems or as a source of

sist American culture simultaneously

their solutions."19

Anthony Ashbolt, “Go Ask Alice: Remembering the Summer of Love Forty Years On,” Australasian Journal of American Studies 26, no. 2 (December 2007): 42. 17 "Display Ad 76 -- no Title." 1969. The Hartford Courant (1923-1990), Sep 04, 44. This is an advertisement of a mug expressing the idea of the Age of Aquarius. It is one example of hippie ideals becoming commercialized and available for purchase.

Organization’.”18

Anthony Ashbolt, “Go Ask Alice: Remembering the Summer of Love Forty Years On,” Australasian Journal of American Studies 26, no. 2 (December 2007): 43. 19 Leslie M. Dawson, “Marketing Science in the Age of Aquarius,” Journal of Marketing 35, no. 3 (July 1971): 68.

According to Dawson, marketing is not

permeated the populous was very strong

only a tool for business and advertising,

and called many different groups of peo-

but the same techniques and methods

ple to action. However, there was not a

used by marketers are the same methods

full understanding of the nature of these

and techniques used for spreading new

issues. Emotional and intellectual capac-

ideas amongst a populous.

ities were not united in the individual,

Analyzing the marketing paradox

but fragmented due to various cultural

in relation with the 1960s provides an

expectations and biases. One’s race,

interesting insight on the nature of the

gender, economic standing, sexuality,

human identity crises. The marketing

etc. played its role in fragmenting hu-

paradox evidently shows that marketing

man potential. However, the 1960s

itself is not good or bad, it is merely a

should be viewed as a period that ele-

study of the methods and techniques for

vated human consciousness unto a

spreading goods, services, and ideas

greater awareness of reality. Recogniz-

through a populous. Despite American

ing problems with culture and the

culture’s reliance on marketing, the

world’s political affairs might have

American culture does not consist of

sparked a flame in human beings, i.e. a

marketing. Commercialism is an em-

call to action. But the failures that re-

phasis on purchasing products for con-

sulted from this initial spark should not

sumption, and this American ideal

be simply viewed as the failures of a dec-

simply uses marketing to sell these prod-

ade filled with angst and passion, but

ucts. By recognizing that the techniques

they should be viewed as the beginnings

associated with marketing are essential

of an elevated way of both thinking and

for spreading any idea, the movements

living a human life. The problems in the

that had occurred in the 1960s might

world are not going to be solved over-

have met greater success.

night, but any real solution must first begin with each individual recognizing

Conclusion

the injustice occurring within them-

The inherent sexism that rests as the

selves.

foundation of American culture has not only segregated people, but has also split the human psyche: effectively corrupting the way individuals think. The sense of inequality and injustice that 39

BIBLIOGRAPHY Ashbolt, Anthony. “Go Ask Alice: Remembering the Summer of Love Forty Years On.” Australasian Journal of American Studies 26, no. 2 (December 2007): 35-47. Cleaver, Eldridge. Soul on Ice. New York, NY: McGraw-Hill Book Company, 1968. Dawson, Leslie M. “Marketing Science in the Age of Aquarius.” Journal of Marketing 35, no. 3 (July 1971): 66-72. "Display Ad 76 -- no Title." 1969. The Hartford Courant (1923-1990), Sep 04, 44. "Display Ad 180 -- no Title." New York Times (1923-Current File), Apr 30, 1963. http://0-search.proquest.com.www.consuls.org/docview/116389804?accountid=9970. Firestone, Shulamith. The Dialectic of Sex. New York, NY: Farrar, Straus, and Giroux, 1970. Friedan, Betty. The Feminine Mystique. New York, NY: W. W. Norton & Company, 1963. Friedan, Betty. Life so Far: A Memoir. New York, NY: Simon & Schuster, 2000. The Port Huron Statement. Chicago, IL: Charles H. Kerr Publishing Company, 1990. National Women’s Organization. “Founding.” http://now.org/about/history/founding-2/. Women and Social Movements in the United States, 1600-2000. “Third National Conference of Commissions on the Status of Women.” http://0-asp6new.alexanderstreet.com.www.consuls.org/was2/was2.object.details.aspx?dorpid=1004475352.

“Subverting Patriarchal Control through the Construction of Meaning in "The Yellow Wallpaper"”

by Nikolas Oliver

There is much to be made of mental ill-

story begins with the unnamed narrator

ness in Charlotte Perkins Gilman’s “The

completely under the control of her

Yellow

husband, John. The power dynamic be-

whether the narrator is, or becomes,

tween them is like that of a parent with

mentally ill. It would, however, require

a child. He is both the person who gets

a skilled critic and psychoanalyst to

to make determinations regarding her

wholly prove that the story’s narrator is

medical care, as well as the one who

not. Gilman further complicated this

communicates her present physical and

task when her article “Why I Wrote The

mental state to friends and family mem-

Yellow Wallpaper?” was published. In

bers.2 Moreover, when she expresses

this article, she detailed how she was

any feeling that does not conform to

given a treatment regimen like that of

John’s lack of “patience with faith...[and

the story’s protagonist, and how it

his] intense horror of superstition,” he

pushed her “so near the border line of

“scoffs openly.”3 At times he “laughs at

utter mental ruin that [she] could see

[her],” but the narrator has learned not

over.”1 It is not, temptation notwith-

to take offense to it, as “one expects that

standing, within my qualifications to act

in marriage.”4 The narrator suspects,

as any person’s psychiatrist, even if that

however, that John’s governance of her

person is fictional. Mentally ill or other-

care contributes to her slow recovery.

wise, however, the narrator is not either

She remarks, “[p]ersonally, I disagree

of those two things exclusively. “The

with their ideas,” but she is in no posi-

Yellow Wallpaper” is the story of a

tion to challenge them.5 John is a phy-

woman who, while under patriarchal

sician, and, ostensibly, is qualified to

control, constructs and instills a mean-

prescribe a treatment method, as is her

ing upon the environment around her,

own brother, whose diagnosis and rec-

which allows her to subvert partially

ommendations mirror what John’s dic-

that control.

tates. In the story’s initial segment, the

Wallpaper,”

especially

Marriage and family have robbed

narrator writes the phrase “what is one

the narrator of self-determination. The

to do?” several times, but, considering

Charlotte P. Gilman, “Why I Wrote The Yellow Wallpaper?” in The Yellow Wallpaper, ed. Dale M. Bauer (Boston: Bedford/St. Martin's, 1998), 349. 2 Charlotte P. Gilman, The Yellow Wallpaper, ed. Dale M. Bauer (Boston: Bedford/St. Martin’s, 1998), 41.

Gilman, The Yellow Wallpaper, 41. Gilman, The Yellow Wallpaper, 41. 5 Gilman, The Yellow Wallpaper, 42. 4

that her medium is a journal, the ques-

exhaustion she feels from doing so gen-

tion is necessarily rhetorical: at present,

erally succeeds in preventing her from

she does not have the means to escape

writing often.

this control.6 John’s selection of a room

All that remains to her are short

with barred windows for her temporary

and restrained periods in which she is

residence, despite her wishes, is there-

able to leave her bedroom because John

fore a fitting choice for making clear the

believes that exposing her to too much

manifold ways in which the narrator is

sensory input would also contribute to

imprisoned.

her illness. This method of treatment

The narrator is also denied, to the

becomes suspect if one considers philos-

best ability of her husband and brother,

opher David Hume’s bundle theory,

any means of self-expression, and her

which states that humans have no con-

external stimulus is extremely limited.

tinuous self and are nothing more than

She remarks that she “did write for a

a bundle of successive perceptions.9

while in spite of them; but it does ex-

Hume argues that the self cannot be

haust me a good deal,” but the source

continuous and is instead ever changing

of her exhaustion is not the writing it-

because, for the self to be continuous, it

self, but the hiding of it.7 The reader ob-

would be necessary for one to have at

serves this hiding at numerous points in

least one sensory perception that is

the story, such as when the narrator

“constant and invariable,” and that no

must cease journaling because of an-

such thing exists.10 From a Humean per-

other character's approach. John ex-

spective, John’s limitations over that to

plains that “with [her] imaginative

which the narrator may be exposed ac-

power and habit of story-making, a

complishes two things. The first is that,

nervous weakness like [hers] is sure to

by narrowing her sensory exposure, he

lead to all manner of excited fancies,

literally narrows her existence into be-

and that [she] ought to…check the ten-

ing whatever he wants for her to be. The

dency.”8 He believes that writing would

second is that, by exposing her only to

exacerbate her illness, a diagnosis with

the same sets of sensory inputs, she is

which the narrator disagrees, but the

essentially unchanging; therefore, the

Philosophy, ed. Joel Feinberg and Russ Shafer-Landau, 15th ed (N.p.: Cengage Learning, 2013), 377. 10 Hume, "The Self," 375.

Gilman, The Yellow Wallpaper, 41-42. Gilman, The Yellow Wallpaper, 42. 8 Gilman, The Yellow Wallpaper, 46. 9 David Hume, “The Self,” in Reason and Responsibility: Readings in Some Basic Problems of 7

treatment cannot possibly hope to

yellow wallpaper is not a work of writ-

work.

ten literature, after all – but if one agrees The narrator is able to subvert the

with Derrida, everything should be con-

limiting treatment of her husband, how-

sidered as text.12 It is a certainty that the

ever, by her examination and gradual

narrator imposes meaning on the wall-

destruction of the yellow wallpaper. Re-

paper over time.

duced to being nearly unable to self-ex-

Occasionally, the narrator sounds

press through writing, and exposed to

rather like a reader response theorist

very little stimuli, the wallpaper be-

herself: “There are things in that paper

comes her best available means of creat-

that nobody knows but me, or ever

ing meaning. Writer Jonathan Culler, in

will.”13 Furthermore, she is dependent

his explanation of reader response the-

on the wallpaper being a text, rather

ory, adequately explains what the narra-

than something blank. Knowing that it

tor does over the course of the story:

gives her some amount of trouble, John offers to white wash it for her. She says

…the meaning of a text is the experi-

that she “would not be so silly as to

ence of the reader (an experience that

make him uncomfortable just for a

includes hesitations, conjectures, and

whim,” but to reduce the walls to a state

self-corrections). If a literary work is

of blankness would eliminate her ability

conceived as a succession of actions

to react to them as a reader and impose

upon the understanding of a reader,

meaning upon them in that manner.14 If

then an interpretation of the work can

she were to impose meaning onto a

be a story of that encounter, with its ups

white washed wall, free of the already

and downs: various conventions or ex-

present markings on the yellow wallpa-

pectations are brought into play, con-

per, what she would be doing would be

nections are posited, and expectations

writing, an action from which she is

defeated or confirmed. To interpret a

both restricted by John and unable to do

work is to tell a story of reading…11

without considerable effort and fatigue. As a reader, the narrator gradually in-

Some liberty must be given to apply this

serts a version of herself into the yellow

logic to what the narrator is doing – the

wallpaper.

Jonathan D. Culler, Literary Theory: A Very Short Introduction (Oxford: Oxford UP, 2011), 64. 12 Jonathan D. Culler, Literary Theory, 12.

Gilman, The Yellow Wallpaper, 50. Gilman, The Yellow Wallpaper, 44.

After her initial revulsion to it,

completing the meaning of the text with

she finds that it lingers in her mind.15

the experience that she has herself

She comes to see what might be a “faint

brought. In destroying that text and

figure behind [who] seem[s] to shake

freeing the confined woman, she frees

the pattern, just as if she wanted to get

herself, telling her husband “I’ve got out

out,” and it does not take a great imag-

at last…And I’ve pulled off most of the

inative leap to conceive of the narrator

paper, so you can’t put me back!”21 In-

and the woman in the wallpaper as par-

teraction with a text as a means of self-

alleling one another.16 She continues her

expression becomes a means of self-lib-

attempts to analyze the paper’s appear-

eration.

ance, but its pattern is “torturing. You

One might argue that the prob-

think you have mastered it, but just as

lem with this reading of “The Yellow

you get well underway in following, it

Wallpaper” is that every vision the nar-

turns a back-somersault.”17 Over time,

rator experiences of the trapped woman

however, her mastery of the text grows,

could very easily be written off as the

as does her certainty that she is inter-

consequence of mental illness; perhaps

preting correctly the appearance of a

it says something negative about reader

trapped woman.18 She comes to observe

response theory to suspect that the ac-

that the woman is “trying to climb

tions of a reader completing the mean-

through. But nobody could climb

ing of a text are comparable to the hal-

through that pattern – it strangles so,”19

lucinations of an insane person. Never-

just as the narrator is unable to “jump

theless, application of that specific criti-

out of [her] window…[because] the bars

cal lens both is fair to the text and allows

are too strong to even try.”20 After she

for a reading in which the narrator,

fully accepts the interpretation that

mentally ill or otherwise, is enabled to

there is a trapped woman within the pa-

subvert patriarchal control. Perhaps it is

per, she chooses to destroy it in an at-

that very uncertainty, that very blurring

tempt to release her. However, the

between the enactment of analytical

trapped woman is only present because

power and insane deconstruction that

the narrator interprets her to be by

captures the essence and appeal of

Gilman, The Yellow Wallpaper, 48. Gilman, The Yellow Wallpaper, 50. 17 Gilman, The Yellow Wallpaper, 51. 18 Gilman, The Yellow Wallpaper, 52.

Gilman, The Yellow Wallpaper, 55. Gilman, The Yellow Wallpaper, 57. 21 Gilman, The Yellow Wallpaper, 58.

reader response theory at large. Surely, nothing could be more alluring than a critical mode that validates one’s own opinions and experiences in conjunction with a text. Few things could, at least in a certain light, be more maddening.

BIBLIOGRAPHY Culler, Jonathan D. Literary Theory: A Very Short Introduction. Oxford: Oxford UP, 2011. Gilman, Charlotte P. The Yellow Wallpaper, Edited by Dale M. Bauer. Boston: Bedford/St. Martin’s, 1998. Gilman, Charlotte P. “Why I Wrote The Yellow Wallpaper?” In The Yellow Wallpaper, edited by Dale M. Bauer, 348-49. Boston: Bedford/St. Martin's, 1998. Hume, David. “The Self.” In Reason and Responsibility: Readings in Some Basic Problems of Philosophy, edited by Joel Feinberg and Russ Shafer-Landau. 15th ed. N.p.: Cengage Learning, 2013.