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Acknolwedgements Our thanks go to

the exeter annual fund ,

and the universi ty of exeter arts and culture fund for their financial support of this journal, to dr . sharon marshall and dr . jo gill for approving our evaluation criteria, and to the deputy vice chancellor professor janice kay for supporting our journal.

the undergraduate, spring

2014, vol. 1, no. 1

published by the undergraduate academic journal printed and bound in great britain by short run press ltd , exeter, devon.

ISSN 2054-8478 subscriptions : email advertising


sponsorship : email

ABOUT The Undergraduate is the University of Exeter’s first non-profit, interdisciplinary undergraduate academic journal. The publication aims to stimulate, recognise, and reward undergraduate intellectual activity at the University, and addresses the need for an academic journal as a forum to exchange ideas. The journal is unique in its accessible interdisciplinary approach that empowers students with a broad range of knowledge and skills to meet the demands of an ever-changing society. We publish twice per academic year - in print, and online at, and both are free of charge to read. All Exeter undergraduates are welcome to submit to us for print and web publication. The journal’s committee comprises an enthusiastic team of volunteers. While ensuring that the journal remains free is our central priority, please consider supporting our publication by making a donation, or purchasing a subscription.

U ideas



Who is the wonderful gentleman behind this journal? Enigmatic and imaginative, Cameron hails from Canada and reads Middle Eastern Studies with French. Being the strong, silent type, he need not waste his words as his experiences speak volumes: at fifteen he was guest speaker at the 122nd International Olympic Committee session in the presence of IOC President Jacques Rogge and HRH Princess Royal, then elected as Head Prefect in 2011. He was selected to sail competitively for The British Keelboat Academy, and became The Undergraduate’s President in 2013. Aside from charming sponsors and searching for the perfect coffee, Cameron sails and handles sponsorship for the Exeter Sailing Team, and enjoys the nostalgia of reading last week’s newspaper.

In between gawking at Wilde’s witticisms and shepherding seven subject editors, Cherrie reads English Literature with Classical Studies. Her experiences range from having received commendations for prose and poetry, to spending a summer as an English teacher in Hong Kong. Aside from managing the written content on the journal and the website, she is also the graphic and web designer for The Undergraduate. She presently works as a Cantonese, Mandarin, and English researcher for an international call analyst company, and also serves another editorial team of a creative writing journal.

If you fancy a boy who can sweet talk in Latin, Greek, German, or English, Laurence is your man. Laurence is a second-year student on the Flexible Combined Honours program reading Latin and Greek with German. When he’s not dodging Zeus’ curses as he battles his way through the epics of the Classical world, Laurence likes to play badminton, bake interesting concoctions, and partake in couch-surfing. A charming young man with an astute mind and a disarming smile, Laurence is a wonderful Ancient History and Classics Editor.

If Woolf said that money and a room of one’s own was the way for a woman to be successful, our heart-breaker Jessica represents the modernised alteration to Woolf’s adage: a woman must know how to aim both in the stock market and in the shooting range if she is to be successful. An avid student of Economics, Jessica enjoys attending debates and, of course, obsessing over The Economist. Aside from her work at The Undergraduate, our charming Jessica can be found in the Business & Economics Society where she serves as Vice President, or scouring the supermarkets for the best Terry’s Chocolate Orange bargain.

Looking for a lady who knows her pencils from her pastels? Living and breathing for nothing but literature and art, Jemima is our English co-editor. Jemima is an eager English student with a love for all things wordy and creative. When not engrossed in the melodic syntax of Rimbaud and Eugene Lonesco, Jemima enjoys sketching, trotting on horseback, and drowning herself in the rosy romance of the French language. Jemima also loves to drink tea: however much you consume at Timepiece Wednesdays, you can rest assured that Jemima is drinking the equivalent by teapots.


A man of many talents, our English editorial assistant, Edward, is involved in a number of musical societies on campus, and sings bass in an all-male a capella group at the University. Ed is a keen creative writer, and occasionally publishes in the University’s newspaper.



2 0 1 3 / 2 0 1 4

Looking for a lady who can keep you in line? Sharp and sophisticated, there is nothing not to like about our Sophie. An impressive repertoire of experiences glows with Sophie’s every step: she represented her peers on the SSLC in her first year, and also received an array of prizes for her achievements in all things Law. She has led her own virtual law firm, and to cap it off, she was selected to deliver a speech in front of barrister and champion of social justice Baroness Helena Kennedy QC. Aside from always being right on point, Sophie swings her hockey stick and tennis racket (all in preparation for when she will whack the gavel in court). Sophie presently works as a Caseworker at the University of Exeter Community Legal Help-desk.

For those seeking the company of a dark and mysterious but highly intellectual man, look no further. Never to be seen without a book in his hands, Harry is our formidable Middle Eastern Studies editor. Blessed with an insatiable thirst for reading and a suave, sharp style in both his writing and his choice of collared shirts, Harry is wary of both right-wing economics and getting his shoes dirty. His hobbies include discussing progressive politics and engaging in intellectual banter. Aside from penning witty articles for The Undergraduate, Harry is also a happy member of the Biochar Initiative run by Enactus Exeter.

Want to hear some mellifluously spoken Spanish, Portuguese, and Japanese - as well as English? An avid traveler with a deep appreciation for European culture, there is no one better for the position of Modern Languages editor than our Jessica. Hailing from Cornwall, when she is not attempting to coherently translate her thoughts into several different languages, Jessica enjoys playing the flute, cooking, and tending to her pet snake.

This journal and its contents would not exist without careful management of its funds by our lovely Treasurer, Caroline. An enthusiastic Economics and French student, Caroline plays an active role on the committee of the French Society. Organised and reliable, Caroline is a whiz with budgeting our funds, and assists the President with the crucial task of sponsorship. Aside from her work for us, Caroline is also an enthusiastic globe-trotter!

With the wings of Twitter on one arm and Facebook on the other, Fiona is our fluttering social media bird. Equipped with both a smart phone and a smart brain, Fiona connects The Undergraduate to the complex design of the inter-webs. Fiona is also an enthusiastic Modern Languages student of French, Spanish, German, and Russian. Aside from her work at The Undergraduate, Fiona is an active journalist, and writes for the University’s newspaper, in addition to a collection national student magazines. She can also be found as a Resource Assistant at the Foreign Languages Centre.

Lives in Hong Kong, studies in Exeter, but speaks with an American accent, Sheriza is Secretary for The Undergraduate. She studies International Relations and Spanish, with a whole array of languages on the side. In between pouring pints as the bartender at the Ram Bar, Sheriza likes to travel, play cricket, and cook adventurous dishes with a spiciness equivalent to the heat of the sun.

Want to join us? Flip to the back to find available positions for The Undergraduate in 2014 - 2015!







cameron ho

At the Fresher’s Fair in September, I decided to move along the cash machine queue to talk to people about The Undergraduate. Before I could pitch “the exciting new interdisciplinary academic journal, featuring intellectually stimulating, undergraduate peer-reviewed articles” to a girl in the queue, she told me, matter-of-factly: “ i d o n ’ t w r i t e ”. With that, the queue shuffled forward, and the girl moved away. Trying not to be disheartened, I continued down the line, only to be met by people either bringing out their phones or striking up suspiciously stilted conversations with another person. A few weren’t familiar with the concept of an academic journal. “Well, it’s a scholarly publication with articles similar to what you find on JSTOR”, I responded. Some people understood. Others still didn’t. Five months later, I am proud to present our inaugural issue. With over fifty submissions, it turns out that Exeter undergraduates do write, and that they write very well indeed. I must commend our talented subject editors for spreading the word of The Undergraduate on campus, and for working hard over Christmas to review submissions. We are all indebted to the Editor-in-Chief, not only for leading the editorial effort, but also for designing the graphics that bring the journal’s print and online editions, posters, and social media pages to life. The playwright Samuel Beckett once said that “form is content, and content form”. Expanding the context of the idea beyond its literary roots, the journal you are holding reflects our firm commitment to quality in both content and aesthetics. Our writers and editors have crafted essays that are interesting and accessible, and we want the work to be digested in a format that is as much a joy to handle as it is to read. We have fought hard to raise the funds to take The Undergraduate to print and keep our content f r e e . Many thanks are due to our publisher, s h o r t r u n p r e s s , our financial backer, the university ’ s annual fund , and our Treasurer, for superb budgeting and organising. Reading, ultimately, is passive. I encourage you to comment on articles, the Editorial Debate, submit to our next issue, and join us at one of our upcoming events. There are also prizes to be had for answering the crossword puzzle on the back page! Thank you for picking up our inaugural issue. I hope you enjoy it. Please direct comments and suggestions to - I look forward to hearing from you. 6

W O R D MY K2 01 @ EX ET ER

.A C .U K

EDITOR-IN-CHIEF cherrie kwok

Borrowing the jargon of 21st Century ‘memes’, one does not simply ‘start’ an interdisciplinary undergraduate academic journal at the University of Exeter. Yet - voilà! Here we are. While The Undergraduate would not be here without the support of the student body and all who have graciously submitted, this journal also owes its existence to the unparalleled dedication of our committee. To all, I thank you for your faith in the ‘new kid’ on the (publication) block. Starting something new always carries with it the terrifying and somewhat embarrassing risk of failure. Unfortunately, one of the many assumptions that tend to surround an academic journal is that it is managed by pompous, pretentious people with blasé dispositions and impenetrable writing styles. Not so - at least, not here, at The Undergraduate. With our interdisciplinary approach, we intend to showcase works which are not only well-written and original, but accessible and pertinent for all our readers. Nevertheless, even with these eager goals, we still have our fair share of woes. What if we don’t receive enough funding? What if no one submits? What if no one cares? Luckily, these qualms were quelled by the unexpected influx of submissions our editorial panel received. It has been humbling reading all the submissions, and selecting only a few to publish was difficult: many were intriguing, original, and of an inconceivably high quality. Meticulous logic, mellifluous syntax, gripping discourse, and the occasional rhetorical flourish, leapt elegantly from the pages; those works that leapt the highest are published here. Rarely do undergraduates have the chance to showcase their work. But though we scuttle around at the bottom of the academic food chain, that does not mean we should not be given the chance to rise. When our publication debated over the design of our front cover, we wanted an image that would symbolise the wobbly transition from scruffy sixth-form graduate to cautiously hopeful undergraduate scholar. We found this symbol in the resplendent gardens of University of Exeter’s Reed Hall, in the form of an endearingly awkward sculpture of a boy leaping forward into the void. It may take many years of experience, work, and study, for his wingspan to carry him through the turbulent liminal to his full potential. But scrappy underdogs and awkward genius alike all have to start leaping from somewhere: what better place to rise than here? 7

“The Undergraduate is an exciting venture for the talented student essayists of Exeter to display their skills. Studying at Exeter is an opportunity to engage with some of the UK’s leading minds. Teaching and learning here is not only built on our outstanding reputation for academic quality, but also on the global impact of our research. We reach out into the world through our students and academics. Exeter prides itself on its interdisciplinary approach to research and education. We recognise that most fundamental discoveries, from the structure of DNA to extra-solar planets, the most influential theories and ideas, are based on the exciting interdisciplinary spaces between disciplines. These are the reasons why our strategies for Humanities and Social Sciences, Science, Engineering and Medicine are interdisciplinary at heart. So, we welcome the interdisciplinary Undergraduate. We look forward to reading its inaugural edition and to many more in future.� professor janice kay deputy vice chancellor of the university of exeter





the monarchy



modern languages


sexuality in the french conte fantastique


11 ancient history & classics reciprocity in the iliad



business & economics is iran a rentier state ?


middle eastern studies is islamic feminism possible ?


english & film


harrison ford ’ s star image

does palestine meet the criteria for statehood ?



material culture in the augustan age

importance of land inspection before buying land

ESSAYS “an essay...should lay us under a spell with its first word, and we should only wake, refreshed, with its last...We may soar to the heights of fantasy with Lamb, or plunge to the depths of wisdom with Bacon, but we must never be roused. the essay must lap us about and draw its curtain across the world.”

- Virginia Woolf, “The Modern Essay” (1925)







I’m a second year FCH student studying Ancient Greek and Latin with proficiency in German. Presently, my academic interests centre upon magic and witchcraft in the Greco-Roman world, particularly from an anthropological perspective; however, most of my time currently consists of researching for my year abroad and for TEFL (Teach English as a Foreign Language) jobs this summer. Rather tragically as a Classicist, I’ve always found Homer’s Iliad – the oldest surviving piece of literature from the western world – a labouring read and, at times, even dull. However, the epic’s poeticism and treatment of timeless themes is sublime, and continues to receive academic attention. Among many underpinning themes is the complex one of reciprocity (a relationship involving mutual exchanges, typically of gifts). This essay lucidly explains the fundamental role it played in an ancient society which was inherently materialistic and governed by self-seeking values rather than politics. Pertinently, this essay explains how, in each of the scenes of reciprocal interaction, Homer provides an obvious beneficiary by illustrating how their honour (τιμή) has been enhanced through the exchange. The essay also engagingly explores how society breaks down when these customs of reciprocity are ignored; indeed it is this which ultimately precipitates the Wrath of Achilleus. (The fact that the essay succeeded in engaging me on a topic - and poem - that I find dull is perhaps most telling though).


the role of reciprocity in homer ’ s iliad Ben Street

Undoubtedly, reciprocity in the Iliad, in all its various cestors had previously met and exchanged gifts of friendship forms, presents itself as a concept of central importance, both within the context of the narrative and within the context of Homeric society. The workings of reciprocity provide a moral, ethical and political framework which determines the social behavior of both the community and individuals. As Homeric society was governed not by state institutions or political parties but by moral and ethical codes driven by values of τιμή (honour) and shame (aidos), reciprocity serves as a main governing principle; a guideline of how heroes are meant to act within a hierarchical community. In this way, all the action of the Iliad takes place against the backdrop of this specific social process, and how the characters interact with this custom results in our evaluation of their honourable status. Significantly the two main themes of the Iliad’s plot, the wrath of Achilleus* and his quarrel with Agamemnon, arise from an occurrence where the customary practice of reciprocity is refused, the denied supplication of Chryses (I.26-32). Thus through presenting both successful and unsuccessful examples of reciprocity in action, Homer not only highlights the importance of customary reciprocity in preserving social order, but also raises wider moral questions about interpersonal relations, community politics, and the breakdown and restoration of society.

As a ‘pre-state society’, the staple currency of reciprocity within the Homeric epics takes its form in gifts and services which are equated with honour, and many of the dramatic encounters within the narrative, arise from a simple case of gift exchange.1 Many scholars have noted the central importance that ‘gift-giving’ and reciprocity play within Homeric society; ‘no single detail in the life of the heroes receives so much attention in the Iliad and Odyssey as gift-giving’.2 Whilst a succinct definition of reciprocity is hard to come by, Seaford defines reciprocity as ‘the principle of voluntary requital, of benefit for benefit (positive reciprocity) or harm for harm (negative reciprocity)’.3 ‘Positive reciprocity’ or ‘gift-exchange’ is not based on an exact equivalence but rather aimed at establishing and maintaining a relationship between persons that endures through time.4 Proof of the effectiveness of positive reciprocity in forming a lasting relationship is most clearly shown in the meeting of Glaukos and Diomedes (VI.119-236), where after establishing that their an-

(xenoi), they cease to fight and exchange armour. However, the glaringly unequal transaction that takes place between them has generated a variety of differing interpretations, both in antiquity and in modern scholarship.5 One standpoint, offered by French anthropologist Pierre Bourdieu, is that the examples of exchange in the Iliad point to a crisis of reciprocity: ‘every exchange contains a more or less dissimulated challenge.’ 6 Furthermore, he notes that ‘even the most strictly ritualized exchanges, in which all the moments of the action, and their unfolding, are rigorously foreseen, have room for strategies’ and that the ‘skilled strategist can turn a capital of provocations received or conflicts suspended... into an instrument of power by reserving the capacity to reopen or cease hostilities in his own good time.’7 Taking this idea into account, in this essay I aim to show that Homeric society, where superiority and excellence (areté) were dominant ideological forces, was highly competitive, and in all the examples of reciprocal interaction, Homer provides a clear victor. Reciprocity therefore serves not only as a governing principle for the actions of the heroes, but its strategic treatment serves as yet another competitive field in which they try to demonstrate pre-eminence.

As a starting point, the meeting and exchange of armour, gold for bronze, between Glaukos and Diomedes in book VI has become arguably the most famous example of guest-friendship (xenia) relations in antiquity. To a modern audience, the amicable decision of two enemies to refrain from fighting, might recall memories of the world wars of the twentieth century, where meetings such as the Christmas Truce of 1914 provide, in the context of dour warfare, comforting messages of shared humanity and common decency. Indeed Aristotle in his Nicomachean Ethics would seem to share this view, arguing that Glaukos’ voluntary submission to Diomedes’s request, makes this a virtuous exchange.8 However, such an interpretation becomes questionable with Homer’s statement that Zeus, ‘stole away the wits of Glaukos’ (IV.234). The meaning of this line has divided analysts.9 Indeed, to a modern audience, the emphasis on materialistic value, ‘[Glaukos’] gold for [Diomedes’] bronze, nine oxen’s worth [for] the worth of a hundred’ (IV.234-236),

For term ‘pre-state society’ see Seaford, 1998, p.54 Finley, 1977, p.63 3 Seaford, 1998, p.1. For longer definition see also Seaford 2004.68,69 4 Ibid, p.2 5 See Traille, 1989, pp.301-305 for a variety of differing viewpoints. See also Harries, 1993, pp.133-146 and Donlan, 1989, pp.1-15. See also Aristotle, NE1136a10-b14 6 Bourdieu, 1977, p.14 7 Ibid p.15 8 Aristotle, NE, 1136b10 9 Kirk, 1990, p.190 12 *Achilleus and Achilles refer to the same person. 1 2

pollutes the chivalrous nature of the rest of the meeting. Traill argues that this is an example of ‘compensatory τιμή’(honor).10 Zeus is compensating Diomedes for not being able to defeat Glaukos in individual combat, a fight that regarding the context of the previous two books he was sure to win. What seems clear however from the obvious disparity of gifts in this exchange is that Homer is trying to present Diomedes as the ultimate victor. Diomedes’ victory is made more clear when one regards this gift-exchange in the context of the rest of the meeting. The exchange takes place at the end of his aristeia* (V-VI) where he has shown himself to be in the eyes of both the Greeks and Trojans and in the absence of Achilleus, the ‘strongest of all the Achaians’ (VI.98). Whereas in his aristeia up until the exchange, Diomedes has demonstrated his physical superiority over the others, to an extent where he has begun to challenge the gods (V.380), his masterful control over the gift-exchange with Glaukos, allows him to demonstrate his superior intellect. Firstly, Diomedes is clearly the more dominant figure in the way he dictates both ‘what’ is exchanged and ‘when’.11 In demanding that the exchange happens instantaneously, Diomedes is effectively forcing Glaukos, who is physically inferior, to agree; a similar strategy is used by Agamemnon in book IX to try and appease Achilleus, but does not have the same effect. Secondly, in exchanging whole sets of armour (teukhea) rather than specific gifts, as Hektor and Aias do (VII.304-305) or even as their ancestors Oineus and Bellerophontes did (VI.219-220), Diomedes can be seen to be tricking Glaukos into giving up an item of much greater value.12 The transaction can therefore be regarded as an effective execution of strategic reciprocity on behalf of Diomedes, confirming Bourdieu’s ‘crisis of reciprocity’. Furthermore, Diomedes’ victory is further pronounced, or Glaukos’ loss further emphasized, later on in the narrative where Hektor refers to Glaukos’ superior wit and intellect, ‘I thought that for wits you surpassed all others of those who dwell in Lykia’ (XVII.171-172). Whilst arguably this transaction is still an example of ‘positive reciprocity’, as both sides benefit, Diomedes undoubtedly leaves the encounter the better off of the two, having demonstrated metis (‘cunning’ or ‘intellect’), a privileged heroic quality, in the process. An interesting parallel can be made between the imbalanced gift exchange between Glaukos and Diomedes and the more balanced exchange of gifts made by Aias and Hektor (VII. 206-312). Here, Aias and Hektor, having been engaged in intense single combat, decide to cease from hostilities as night falls, and exchange gifts (VII. 300-302). In many ways, this is an example of a more equal exchange: Aias and Hektor are both

regarded as pivotal figures on their respective sides, and both are already renowned for their physical prowess. Furthermore, although we are unsure over the exact value of the gifts given (VII.303-305), the fact that Homer doesn’t comment on their relative worth suggests a greater equality. This then seems like a clear example of ‘positive reciprocity’. However, when put into the context of the combat beforehand, Homer shows Aias to be victor of the meeting. Aias is clearly portrayed as the greater warrior, both by the impact he has on the Trojans, ‘the Trojans were taken every man in the knees with trembling and terror...’ (VII.214-218), and in the combat itself where Hektor seems to be on the verge of defeat (VII.268-272). As a result, in both examples of reciprocity, there is a victor. These two examples of ‘positive reciprocity’, despite their peaceful resolutions, highlight the very strategic and complicated etiquette of the gift on a personal level and how mastery of this skill demonstrates superiority. 13 If these examples demonstrate how reciprocity determined customary social behavior in Homeric society, the initial quarrel between Achilleus and Agamemnon, and Achilleus’ subsequent wrath demonstrates the disastrous consequences when these customs are broken. At the heart of the plot lies the quarrel between Achilleus and Agamemnon, who both compete for the title of ‘greatest of the Achaians’. However, whilst Achilleus is acknowledged as the greater fighter by all, including Agamemnon (I.178), the grounds on which they compete for authority, and the grounds upon which their characters are judged, are set within the customs of reciprocity. The importance of reciprocity as a central custom to Homeric society is most clearly emphasized by Homer’s use of ring composition:** the epic starts with Agamemnon denying Chryses’ supplication and taking Briseis from Achilleus in an attempt to prove his superior authority (I.26-32,I.172-187). The epic ends with Achilleus accepting Priam’s supplication and returning the body of Hektor in exchange for Priam’s gifts (XXIV.507-551). By framing the narrative with contrasted examples of reciprocity, Homer structures the contest of Achilleus and Agamemnon as a competition of gift-giving, or to use Bourdieu’s terminology ‘strategic’ reciprocity; as the contest for τιμή (honour) proceeds, it becomes increasingly evident that Achilleus is the victor, and Agamemnon the loser. By starting the narrative with Agamemnon’s disrespect for customs of reciprocity and his abusive use of power, Homer foreshadows his gradual diminution of τιμή (honour) and loss of power. This is effectively portrayed in Homer’s simile of the rotting sceptre, (I.234-238) ‘which never again will bear leaf nor branch... nor shall it ever blossom again’, the sceptre being *Aristeia: a Greek word which translates literally to ‘excellence’, and specifically refers to a hero’s finest moment in battle. **Ring Composition: a narrative technique where a narrator touches on a number of topics until a significant topic is reached, then continues on in the narrative by retracing in reverse order the topics which were mentioned on the way to the turning point. (Sometimes called a chiastic structure).

Traille, 1989, p.301 Widzisz, 2012, pp.167-168 Kirk, 1990, p.191 13 Donlan, 1993, p.160 10 11 12


being symbolic of Agamemnon’s rightful kingship. On a political level, the relationship between leader (basileus) and people (demos) in Homeric society was essentially a ‘balanced’ reciprocity, in which, in return for both symbolic and material gifts from the demos, the basileus would give both material donations, such as feasts and the distribution of spoils, but also leadership and direction.14 In such a ‘gift-society’, where the upward flow of goods exceeds the downward flow, the leader gains power over another by public displays of generosity, thus announcing the giver’s eminence and putting the receiver under obligation. However, if in hoarding gifts the leader becomes greedy, as Agamemnon does, this political framework of reciprocity becomes unstable, as he risks losing the respect of the people. In initially denying the return of Chryses’ daughter against the will of his people (I.22-23), and then, upon being forced to return her by Apollo, insisting upon an immediate replacement for her (I.118120), Agamemnon shows himself to be a profit-minded king, placing the maintenance of his personal τιμή (honour), above the needs of the community; a characteristic that appalls both Achilleus, who addresses him as the ‘greediest for gain of all men’ (I.122), as it would the audience who already begin to question Agamemnon’s claim to power.

reciprocity is undermined.

Throughout the narrative, Achilleus is consistently shown to be far superior to Agamemnon in terms of τιμή (honour) and through his mastery of ‘strategic’ reciprocity. Achilleus shows a better understanding than Agamemnon of the workings of political reciprocity: in book I he notifies to Agamemnon the fact that if he returns Chryseis and foregoes his share at the particular moment he will be rewarded ‘thrice and four times over.’(I.127-129); a similar offer is extended to Achilleus by Athene, which he wisely accepts (1.213-214). In giving up Briseis, Achilleus does not concede his status but rather seeks to emphasize Agamemnon’ abuse of power (I.228-232). It is made clear that Achilleus cares less for profit, but more for heroic values such as areté (excellence) and kleos (renown), presenting him as the more honourable of the two. Furthermore, Achilleus is shown to be a superior strategist to Agamemnon in his understanding of ‘timing’ reciprocity;17 knowing that he is key to the Achaian’s success (I.240) he foresees that Agamemnon will concede and appeal to him for aid. When the embassy do arrive in book IX, Achilleus is clearly in the more powerful position. His victory is further amplified in his rejection of Agamemnon’s From the onset of gifts, which are clearly seen the narrative therefore, Hoby all as an attempt by Agammer, in questioning Agamememnon to assert his authority non’s control over reciprocity, and to subjugate Achilleus by highlights a crisis of leaderplacing him under obligation. 18 ship and begins to raise largAgamemnon clearly states er questions concerning the this purpose to Odysseus, ‘let “ ‘Achilles give Briseis to Agamennon’ from Pompeii, House of “Poeta Tragico” by *Karl* © CC BY-NC-SA (2011). nature of political power. Although Agamemnon’s right to rule is him yield place to me, inasmuch as I am the kinglier’ (IX.160). upheld by the other heroes like Nestor (I.277-281), the voice of In refusing Agamemnon’s recompense, Achilleus demonstrates dissent, initially voiced by Achilleus, spreads amongst the rest of his ultimate control over both his contest with Agamemnon, but demos, even to soldiers of the lowest ranks such as Thersites, also over the outcome of the war, successfully having turned the who later challenges Agamemnon’s right to rule (II.211-277), initial insult into an ‘instrument’ of power.19 his speech echoing that of Achilleus. Donlan argues that despite Agamemnon’s flawed leadership, ‘the ideological position of Arguably Achilleus’ actions towards the end of the narthe poems is that [the demos’s] ultimate popular power, which rative transcend the customary reciprocity that to the other hecould be exercised passively or actively, must be restrained for roes serves as their dominant ethical orientation.20 In a society the common good.’15 Although Homer’s ideological position that where possessions equate to honour, it is an expected norm kingship should be preserved is reinforced by his tendentious that heroes strive for material gain. But to Achilleus, the idea of description of Thersites and Odysseus’ aggressive reaction,16 accumulating τιμή (honour) in the form of gifts is something at the same time through Thersites’ speech, Homer also reveals which he clearly rejects.21 In the final scene, in spite of Priam’s the frailty of the Achaian’s political system once the principle of offer of ‘countless ransom’, Achilleus pays no attention Donlan, 1998, p.56 Donlan, 1998, p.69 16 Willcock, 1976, p.20 17 Widzisz, 2012, p.170 18 Redfield, 1975, p.15 19 Bourdieu, 1977, p.15 14





Zanker, 1998, p.73 ibid. p. 85

to the gifts, but attends to the preparation and surrender of Hektor’s body (XXIV. 587-590). Furthermore, when Priam insists that Achilleus accept the ransom immediately, Achilleus reacts angrily (XXIV.560-570); as Postlethwaite states, it is clear from this that Achilleus wishes his act of generosity to be regarded as unconnected to the ransom offered.22 Whether this gesture can be regarded as an act of altruism,23 or as an act to demonstrate the gross misconduct of Agamemnon’s actions in book I, 24 Achilleus’ seems to override the customary reciprocity of the other heroes. By giving but not receiving, Achilleus’ act not only proclaims him as the ultimate victor in the exchange, but also preserves the mutual compassion that permeates this poignant scene. Achilleus’ final acceptance of Priam’s supplication, which symbolizes the restoration of society after the extensive destruction witnessed in the previous books, can be regarded as the crowning achievement of his even greater aristeia, in which he has not only pushed the boundaries of heroic behavior, but also the boundaries of reciprocity. In conclusion, Homer demonstrates reciprocity’s importance as a central custom by reiterating throughout the narrative the disastrous consequences that result when it is ignored. Whilst on the surface it seems a simple principle, in conveying various examples of both successful and unsuccessful reciprocity, Homer shows its remarkable complexity of the etiquette of reciprocity. Within the Iliad there is plentiful evidence to support Bourdieu’s theory regarding the ‘crisis of reciprocity’ and behind all the scenes of gift-exchange, clear strategies can be found upon closer inspection. In a highly competitive hierarchical society reciprocal exchange therefore serves as another plane of contention upon which heroes and kings compete for preeminence against one another.25 Achilleus, undoubtedly leaves the narrative as the ‘greatest of the achaians’; throughout the Iliad he demonstrates areté, τιμή (honour), and in doing so achieves his kleos. But through his masterful portrayal of the character of Achilleus, Homer presents a stark message about the elusiveness and futility of humanity; Achilleus achieves his victory, but at a cost he finds unbearable.

WORKS CITED Homer, Iliad, R. Lattimore (trans.), University of Chicago Press, Chicago and London, 2011 Aristotle, Nicomachean Ethics, A. Thomson (trans.), Penguin, London, 2004 Bourdieu, P. Outline of a theory of practice, Cambridge University Press, Cambridge, 1977 Donlan, W. ‘Political Reciprocity in Dark Age Greece: Odysseus and his hetairoi’, in C. Gill, R. Seaford, N. Postlethwaite (edd.), Reciprocity in Ancient Greece, Clarendon Press, Oxford, 1998, pp.51-71 Donlan, W. ‘The Unequal Exchange between Glaucus and Diomedes in Light of the Homeric Gift-Economy’, Phoenix, Vol. 43, No. 1, 1989, pp.1-15 Donlan, W. ‘Reciprocities in Homer’, The Classical World, Vol. 75, No. 3, 1982, pp.137-175 Donlan, W. ‘Duelling with Gifts in the Iliad: As the Audience Saw It’, Colby Quarterly, Vol. 29, No. 3, 1993, pp.155-172 Finley, M. The World of Odysseus, Chatto and Windus, London, 1977 Hammer, D. The Iliad as Politics: The Performance of Political Thought, University of Oklahoma Press, Norman, 2002 Harries, B. ‘‘Strange Meeting’: Diomedes and Glaucus in Iliad 6’, Greece & Rome, Second Series, Vol. 40, No. 2 (1993), pp.133-146 Kirk, G. The Iliad: A Commentary: Volume 2, Books 5-8, Cambridge University Press, Cambridge, 1990 Mauss, M. The Gift: forms and functions of exchange in archaic societies, Routledge, London, 2000 Postlethwaite, N. ‘Akhilleus and Agamemnon: Generalized Reciprocity, in C. Gill, R. Seaford, N. Postlethwaite (edd.), Reciprocity in Ancient Greece, Clarendon Press, Oxford, 1998, pp.93-104 Redfield, J. Nature and Culture in the Iliad: The Tragedy of Hector, Duke University Press, Durham and London, 1994 Seaford, R. ‘Introduction’, in C. Gill, R. Seaford, N. Postlethwaite (edd.), Reciprocity in Ancient Greece, Clarendon Press, Oxford, 1998, pp.1-11 Seaford, R. Reciprocity and Ritual, Clarendon Press, Oxford, 1994 Traill, D. ‘Gold Armor for Bronze and Homer’s Use of Compensatory TIMH’, Classical Philology, Vol. 84, No. 4, 1989, pp.301-305 Widzisz, M. ‘Timing Reciprocity in the Iliad’, Arethusa, Volume 45, No.2, 2012, pp.153-175 Willcock, M. A Companion to the Iliad, University of Chicago Press, Chicago and London, 1976 Zanker, G. ‘Beyond Reciprocity: The Akhilleus-Priam Scene in Iliad 24’, in C. Gill, R. Seaford, N. Postlethwaite (edd.), Reciprocity in Ancient Greece, Clarendon Press, Oxford, 1998, pp.73-92

Postlethwaite, 1998, p.92 Zanker, 1998, p.74 24 Postlethwaite, 1998, p.103 25 Widzisz, 2012, p.172 22 23



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Thank you to all those who submitted their essays, they all proved very well-written pieces of work as well as varied in topic. I enjoyed reading about how each subject area was applied to the topical issues discussed, ranging from how our studies affect everyday decisions to analysing delicate balances on an economic scale. The quality of work was exceptional which made selecting for publication difficult. “to what extent is the islamic republic of iran a rentier state?” was one of the essays that stood out from initial review. There was an instantly recognisable quality and visible effort that had been put into the work. The essay clearly explained most of the terminology used and set out the arguments in a clear and unbiased way. This piece was well researched and of high quality worthy for online publication. Thank you again to those who sent in their work. I look forward to reading more submissions in preparation for our future publications. If you have any queries or comments, please email


to what extent is the islamic republic of iran a rentier state ?

Rob Bental

A rentier state derives the majority of its revenue from a rent. A rent is a sector of the economy whose productivity is either independent of, or only slightly dependent on, the country’s economy as a whole. Often, oil wealth is an example of a rent. The price of oil is set worldwide, and it is a very capital intensive industry. The value of oil depends little on the economic productivity of the country from which it is extracted, and the state obtains money directly from its sale. Patrimonialism and autocracy are more common in these rentier states, because the state uses the revenues accrued from the rent to increase living standards and thus quell opposition. However, this government spending does not broaden the economic - and by extension, power - base of the country by very much. In this essay, I will focus on Iran’s large oil reserves as the basis of accepting or rejecting the country’s classification as a rentier state. Iran has approximately 10% of the world’s petroleum reserves, and petroleum has been described as ‘the mainstay of the Iranian economy1,2,3. Iran’s economic cycle - the fluctuation of the economy between expansion and contraction - is significantly correlated to the sale of oil4. While Iran has tried to grow its car manufacturing sector, the economy has been afflicted by ‘Dutch disease’ , with manufacturing and industry playing a secondary role in the economy5,6. The ‘Dutch disease’, where oil revenues cause the Iranian rial to appreciate to the extent that Iranian-made products become prohibitively expensive for other countries to import, is characteristic of rentier states. To combat this disease, the government has recently started to allocate oil wealth to a Stabilisation Fund - a national investment fund set up to maintain steady government revenue in the face of oil price fluctuations. Yet this fund is often raided before elections to help buy support7. Furthermore, there are large and very expensive subsidies on basic goods and petroleum within Iran8. In 1991, Ayatollah Rafsanjani even went so far as to effectively admit that ‘the people had to rely on government subsidies for their daily living’9. This is not only the patrimonial state in action; basic food subsidies are broadly redistributive. It also implies a feeling within Iran that oil revenues belong to the government, and that the leadership chooses how the revenues are distributed - classic rentier state mentality. This was the implication of a bill introduced in the Majles - the national legislature of Iran - in April 1994, ‘requiring that any future price increases for goods and services provided be approved by the Majles’10. However, subsidies have become so expensive that the government is now trying to phase them out.


Adding to the implicit patrimonialist ideas of the state are the very large numbers of people post-revolution who were employed in the public sector, either directly by the state, or by semi-public companies or bonyads11,12. Many of these people are effectively in make-work programmes by the state. Even in the private sector, it is very difficult to sack people; jobs throughout Iran are widely seen as being for life13. Patrimonialistic capitalism and corruption pervade the Iranian economy. The bonyads are accountable only to the Supreme Leader and have links with the Army of the Guardians of the Islamic Revolution (Pasdaran)14. Directly after the revolution, the (now renamed) Bonyad-e Mostazafen va Janbazan ‘[came] to own 20% of the private assets’ in Iran and has become ‘the largest economic entity in the Middle East’15. ‘Capitalists who are not affiliated with the bonyads, or connected to the political core of the Islamic Republic,’ were described as ‘once again fearful and intimidated’ after Mahmoud Ahmadinejad’s election to the Presidency in 2005, a measure of the influence of the state and para-state on the economy16. While there is some independent banking, lending is heavily controlled by the state, which either fully or partly owns major banks17. This leads to an economy which is very dependent upon state direction. Oil has been shown to have a negative effect on democratisation, and Iran’s system of government has been semi-democratic since the revolution18. The Supreme Leader, the most powerful figure in the country, is appointed rather than elected. The President and parliament are elected, but the quality of the elections is questionable. The 2009 elections were widely reported in the West as being fraudulent19. The rentier state theory helps to explain the lack of democracy in Iran, and why the Polity data series classifies the country as an autocracy.20 However, there are several reasons to suggest that Iran is not a rentier state in the traditional sense. Despite the presence of make-work programmes within the public sector, Iran has persistently had a fairly large number of unemployed people21. In archetypal rentier states, the state buys off dissent from, and extends patronage to, the population in part by ensuring that they are employed. This is not the case in Iran. The average Iranian income per capita is at the level where semi-legal or illegal activities must form a major income source for much of the population22. According to official statistics,

in the Iranian year of 1375 (March 21, 1996 to March 20, 1997), the expendable monthly income of an average Iranian family was Rials 620,000 – in the same year the poverty line was set at Rials 1,000,000 per month. This indicates the insufficiency of official income and the need for average families to earn income elsewhere, usually through underground economic activity’23. 25-40% of Iranian GDP comprises ‘underground activities’, most of which is smuggling24.

use of existing [oil] capacity and to persistently demand higher quotas within OPEC’34. Before, nearly all opposition parties thought that producing this much oil was ‘inimical to Iran’s longterm national interest’ and had called for a production decrease of 30-40%35,36. Oil production as a source of foreign exchange is fundamental to the Iranian economy in its present form. But raw oil revenues are not enough to support a classical rentierist patrimonialist state within Iran.

Although Khatami’s oil minister, Bijan Namdar-Zanganeh, is quoted as saying that ‘there is nothing but the oil money on people’s dinner table’, that is not strictly true25. According to analysis by Ali Gheissari, the amount of oil money per capita, if invested under ideal conditions, would only be around $430 per person, declining over time26. This means that even large amounts of oil wealth are not enough to support Iran’s population of 78 million. The situation is different in the Gulf monarchies, which have much smaller populations, and hence higher income per capita. The Oil Stabilisation Fund created in 2000 ensures that the wealth is used for the long-term, and decreases oil-based economic fluctuations. However, the fund cannot expand the size of the oil supply27. As a result, the government of Iran cannot directly and effectively buy off widespread dissent from its policies. The mid1990s privatisation of state industries is an example - when started, there were riots and protests throughout the country. The government had to slow or reverse its privatisation, only increasing privatisation once political dissent had grown weaker. The simple political bribery that classical rentier states use does not work as effectively in Iran.

Endnotes 1: The CIA World Factbook. 2: Jahangir Amuzegar, Iran’s economy under the Islamic Republic, (London: I.B. Tauris, 1993), p. 280. 3: ‘Oil revenue has long played a major role in the health of the Iranian economy and it has been the primary driving force behind GDP growth,’ Massoud Ghaffari, Political economy of oil in Iran, (London: BookExtra, 2000), pp. 642-3. 4: Katouzian and Shahidi, pp. 198-200. 5: Amuzegar, pp. 281-2. 6: Katouzian and Shahidi, p. 195. 7: Katouzian and Shahidi, Pp. 229-30. 8: $2 billion in 2009, Ibid. 9: August 19th, 1991, Amuzegar, p. 276. 10: Farhad Nomani and Sohrab Behdad, Class and labor in Iran: did the revolution matter?, (New York: Syracuse University Press, 2006), p. 51. 11: Amuzegar, p. 277. 12: Katouzian and Shahidi, p. 202. 13: Khanepour, p. 109. 14: Frederic M. Wehrey, The rise of the Pasdaran: assessing the domestic roles of Iran’s Islamic Revolutionary Guards Corps, (United States. Dept. of Defense. Office of the Secretary of Defense, National Defense Research Institute (U.S.): Rand Corporation, 2009), Pp. 57-9. 15: Nomani and Behdad, p. 45. 16: Ibid., p. 62. 17: Ibid., p. 230. 18: Herb, 297. 19: Reuters. 20: Polity IV Project: Political Regime Characteristics and Transitions, 1800-2010. 21: 15.3% unemployment in 2011, The CIA World Factbook. 22: Khanepour, Pp. 112-3. 23: Ibid. 24: Khanepour, p. 113. 25: Sharq daily newspaper, July 27, 2005 cited in Djavad Salehi-Isfahani. 26: Djavad Salehi-Isfahani. 27: In fact, the fund is being phased out and replaced with another similar body, the National Development Fund. 28: Katouzian and Shahidi, p. 218. 29: ‘Oil exports historically represented over 90% of Iran’s total foreign exchange receipts each year’ Ghaffari, p. 643. 30: Katouzian and Shahidi, Pp. 222-3. 31: Nomani and Behdad, p. 49. 32: Katouzian and Shahidi, Pp. 222-3. 33: Nomani and Behdad, p. 58-9. 34: Amuzegar, p. 281. 35: Ibid.

Thus, Iran is only partially a rentier state. The direct revenues from the sale of oil are not enough to support the distributive patrimonialism characteristic of archetypal rentier states, though some disbursement does occur28. The Iranian economy is heavily dependent on foreign exchange, and oil is the only product from the Iranian economy that contributes significantly to the state’s supply of foreign currency29. The government buys legitimacy by growing citizens’ incomes, partially through direct or semi-direct payments, but mainly by using foreign exchange to promote overall economic growth30. Foreign exchange buys industrial imports that have ‘few domestic substitutes’, enabling the oil-led expansion of the Iranian economy31,32. In the periods when foreign currency was in very short supply, economic depression ensued. In 1998, the price of oil fell sharply, leading to a smaller supply of foreign exchange and an increase in the price of goods. Imports fell, and 400 factories closed. When the price of oil rebounded, foreign exchange reserves recovered and so did the economy33. Furthermore, during the economic downturn and Iran-Iraq war, ‘the need for foreign exchange forced the authorities to push for maximum

36: Ibid.








MIM HUBBERSTEY As one sits down for Christmas lunch with one’s belt buckled a notch looser to allow for the feast, it was with eager anticipation that I began to look through the submissions for The Undergraduate. I was incredibly indulged reading the rich array of essays submitted, and it was a real pleasure to sample the work of some really talented students. Unfortunately, as with any luxurious menu, one must limit oneself to choosing only one dish. It was a painstaking process to decide which essays to publish; all of the essays offered provoking insights, which set the standard incredibly high. However, it must be said that the essays selected for publication were particularly outstanding in the engaging essay styles employed and, above all, their totally unique perspective which produced an original and thought provoking piece of work. It is with regret that we could not have published more of the essays submitted. To return to the epicurean metaphor, everyone possesses the ingredients to write an essay, but it is only through perfecting one’s culinary technique that one will find the recipe for success.


harrison ford ’s star image and its function as a marketing tool

Anna Varadi

“His name … opens a movie anywhere” 1

Harry Caul (Gene Hackman) at a wire-tappers’ convention. According to Coppola, Ford even “chose the wardrobe and the Harrison Ford has starred in several of the top gross- Christmas cookies” in the office of Stett and “created a much ing blockbusters of all-time and is considered to represent more interesting character than was written”. “America’s most durable action hero” (Block xvi-xix; Reed). His image as a movie star has been shaped by his work as a car- The ‘extraordinary’ side of Ford’s image is mainly aspenter before he became famous and is thus a perfect example sociated with his portrayals of Han Solo (in the Star Wars franof what Richard Dyer calls “stardom … as a version of the chise) and Indiana Jones (in Raiders and its sequels). It has to American dream” (Stars 39). I will argue that this representa- be noted that he only received the role of Solo – which led to tion of Ford demonstrates the ordinary-extraordinary dichoto- a breakthrough in his career – because he was working on a my associated with stars (Ellis 93). I will extend my argument to carpentry job “down the corridor” from George Lucas’ office show how promotional material is used to “hint at” details that when the director was casting the movie. Lucas “asked [him] a film will “reveal” (94). This is connected to the idea that “the to help by reading the part of [Solo] … opposite … audistar is a[n] … object for the desire of the viewer” (98). I will tioning actors” (Duke 33). The significant connection between support my argument with the examples of Ford’s roles in Fran- Ford’s work as a carpenter and the progress of his career is cis Ford Coppola’s The Conversation – a film from his early ca- often singled out in media representations of him, such as TV reer, before gaining recognition in the Star Wars franchise – and interviews (“Harrison Ford 1982 on Letterman”). Furthermore, George Lucas and Steven Spielberg’s Raiders of the Lost Ark Ford describes himself as “ordinary [and] average” (qtd. Duke (hereinafter referred to as Raiders) – a film centered around 287). In an interview with David Letterman he emphasizes that his image to the extent of including sequences which indicate “it didn’t occur to [him] that [he] would have a chance of doan awareness of the star’s desirability. I intend to show how the ing [Raiders]” because the film was produced by Lucas who function of Ford, the star, “to sell films [and] … organise the is known for preferring not to work with the same actors on market” influences the film making process (Dyer, Stars 11). multiple projects (“Harrison Ford 1982 on Letterman”). In “Indiana Jones: An Appreciation”, a Raiders DVD extra, Ford talks Ford’s image is created through the synthesis of his about “never [having] anticipate[d] success in that order of work before fame and his later, predominantly heroic, roles in magnitude that the first three [Indiana Jones] films achieved”. blockbusters. It is largely based on the “paradox” that stars However, this modesty actually works together with the frequent are both “present in” and “separate from the world of the … representation of Ford as an action hero in promotional imagviewer” (Ellis 97). The ‘ordinariness’ of Ford’s image is rooted es, e.g. the posters of Raiders, to “produce the curiosity necin his work as “carpenter to the stars” in Hollywood around the essary to encourage cinema attendances” (Lucerno 130-31; early 1970s, before he was cast in major roles (Duke 23). This Ellis 108). Ford may have a down-to-earth attitude compared job provided him with the opportunity to meet people who would to other Hollywood stars but he has also embraced aspects of later become important for the development of his career. Con- the star lifestyle: he admits that his “greatest extravagance” sidering this, I believe that Dyer’s argument about “stars … and “most treasured possession” is a “de Havilland Beaver airmaking themselves into commodities … out of the raw material plane” (“Proust Questionnaire”). This ordinary-extraordinary of [their] person” applies to Ford quite literally (Heavenly Bod- dichotomy establishes the “rags-to-riches motif” as a core part ies 5). His early roles required him to “carve out” the details of Ford’s image and thus turns his persona into a “social type” of characters in order to become more recognizable (Coppola, that viewers can look up to; a man living the ‘American Dream’ audio commentary; my emphasis): his role in The Conversation (Dyer, Stars 53). as assistant Martin Stett, a man who conspires against his boss, was undeveloped and “two-dimension[al]” before Ford came up A different duality in Ford’s image is created by the with the idea of portraying him as “subtly homosexual” (Duke “intersection of public demand ( … consumption) and the pro32). His efforts were noticed by Coppola, the director: in his ducer initiative ( … production)” (Dyer, Stars 10). The “proaudio commentary he says that he wanted to “use [Ford] more duction-consumption dialectic” is mostly relevant to the proand more” because he “enlarged and improved” the role. He motional images released for his movies (38). These images mentions that Ford’s talent is the reason he included the scene “provide a foreknowledge of the fiction” and “function as invitaof the second meeting between Stett and the film’s protagonist tion to cinema” by only showing a fragment of the star (Ellis 91; 1

Arnold Kopelson qtd. Duke 188


They use the star as “a standard item of marketing”; their purpose is to prompt the desire of audiences to see the film, or rather, to see a specific star in a film (92; 98). In accordance with this method, publicity centers on well-known actors from a film: the only actor singled out in the trailer of The Conversation is Gene Hackman. It is because of the ‘necessity’ to evoke the audience’s curiosity that Coppola does not mention Ford in the trailer: at the time of the film’s release (1974) viewers would not have recognized his name and the “foreknowledge” of his presence in the movie would not have induced desire to watch it (Ellis 91).

audience to “trust” the assumption that his presence in the film implies quality. The promotional posters of Raiders are even more revealing in terms of the “producer-consumer dialectic” (Dyer, Stars 38). James Lucerno suggests that “posters aren’t required to mirror reality, [instead] they … capture the essence of a film by manipulating … images” (130). The original poster for Raiders depicts Ford as Indiana Jones, in a buttoned down shirt and his signature fedora, with the whip raised above his head, about to strike down. He is surrounded by smaller images of other characters from the film (130-31). Considering Lucerno’s argument, it becomes clear that the poster aims to stress Ford’s ‘action hero’ stereotype by distorting facts of the storyline, e.g. by showing his love-interest Marion (Karen Allen) as scared and vulnerable, in spite of her tomboyish and adventurous personality in the movie. The image of Ford on the poster is also “incomplete”: it lacks voice or movement and thus seems to promise that the film itself will fulfill the spectators’ voyeuristic desire (Ellis 93; Butler 347). The audience wishes to see the ‘conclusion’ to the poster i.e. Ford’s shirt fully open and the whip striking down.

Similarly, as the viewers do not have expectations about Ford in this film, he is often only present as a voice on the phone, off-screen or in the background: when he first meets Harry Caul, Ford walks out of the shot for a big portion of the scene, and when Caul leaves the meeting Hackman’s figure dominates the shot by walking towards the camera while Ford stays unfocused in the back. It could be argued that the scenes are structured like this because Hackman plays the protagonist and Ford is ‘just’ a supporting charac Having set up “certain preter. However, this explanation conceptions” about Ford’s charis contradicted by the composiacter to awaken desire, the film tion of a segment near the end plays with the audience by reof the film between Caul, Stett ferring back to the promotional and Stett’s boss The Director, images (Dyer, Stars 121). In this played by Robert Duvall. In this sense, the presence of a star of sequence Ford is often shown Ford’s caliber influences the acin slightly unbalanced shots, off tual movie making process (70). to one side of the screen, while In the first scene of Raiders the Duvall, whose role is uncredited only glimpses of Ford as Indiana “Harrison Ford.” by cliff1066™ -© CC: BY-NC-SA (2009). and smaller than that of Ford, is Jones show his back as he walks almost exclusively in the center. This can only be rationalized by in the shadows. Viewers know it is Ford only because of his Duvall’s status as a famous actor whose involvement in the film fedora which they already associate with the character from the would be of interest to audiences at the time of its release. promotional images. The audience is literally kept in the dark for the first three minutes of Raiders – when a close-up of Ford’s In contrast, the entire marketing of Raiders (1981) is face finally emerges into the light, it is directly after he uses his based on Ford’s status as a prominent actor after the success whip to disarm somebody. One ‘promise’ of the poster – the of Star Wars (1977) and its sequel The Empire Strikes Back striking of the whip – is fulfilled and the desiring gaze of the (1980). The trailer establishes him as the hero and serves spectator ‘shares’ this moment with the star himself (Ellis 94). as an “invitation to cinema” (Ellis 93): it cuts to a close-up of Ford saying “Trust me” immediately after the narrator mentions This and several other moments in Raiders when Ford “those [men] who are good” (“Indiana Jones and the Raiders appears as a silhouette, before the camera actually shows his of the Lost Ark Trailer”). It is almost as if Ford was urging the face, e.g. at his fist meeting with Marion, support the idea that 21

there is a “hierarchical relationship between elevated star and enchanted fan” (Holmes 3). They demonstrate that audiences idolize the star’s presence even if it is fragmented. The director, Spielberg, highlights this phenomenon in a Raiders DVD special feature, stressing that he “can put the silhouette of the leading character up on the screen … and people immediately know where [it] came from.” (“Raiders: An Introduction”). The director’s ability to control how much of the star is “reveal[ed]” at specific moments of the film turns the close-up into a privileged occurrence that “establish[es] … the dynamic psychological interplay of the film-goers’ and the film actors’ emotions” (Ellis 94; Walker 21). The constant changes in Raiders between Ford’s silhouette and face allow Spielberg to maintain the audience’s desire throughout the entire movie. I have argued above that Ford’s character in The Conversation is often just a voice or an off-screen presence because there is no desire from the audience to watch him at the time of the film’s release. Taking into account the development of his career by 1981, it becomes clear that certain scenes from Raiders actually utilise the increased interest in Ford. I suggest that there is a specific scene that presents a parallel to the audience-star relationship. In this segment Ford embodies a new aspect of Jones’ adventurous character: the archeology professor. While teaching a class he realizes that a female student has written the words “LOVE YOU” on her eyelids. The viewer witnesses a silent ‘conversation’ between professor and student, played out as a shot/reverse-shot sequence of their faces. This part of the film is what John Ellis calls “the fetishistic moment” (98). The student can be considered as analogous to the Ford fan; she is only permitted “the satisfaction of looking” at Ford (98). She also fits into the category of “adolescents and women” – the group that, according to Dyer, is most likely to experience “intense star-audience relationship[s]” (Stars 37). Since his role as Solo, Ford has been viewed as a “sex symbol” with a “steady stream of female admirers” (Reed). This is the basis for the “LOVE YOU” sequence and it has remained a part of his image even with the passing of the years. In 1998, at the age of 56, he was chosen as People magazine’s “Sexiest Man Alive”, however, he claims he does not understand why women find him attractive (Reed). In my opinion, it is important that in the same year he played an adventurous pilot in the film Six days, seven nights – a part that merged characteristics of his most iconic roles: Han Solo (a pilot) and Indiana Jones (an adventurer). Ford’s image today is created by synthesising aspects from both ends of his career: his most famous roles were characters with extraordinary qualities but his early work, and his carpentry in particular, left their ‘ordinary’ mark on the way people perceive the star. Having considered the representations of Ford in films from before and after his breakthrough, respectively, I believe it becomes apparent to what extent his stardom 22

serves as a “function in the economy of Hollywood” and how it influences marketing and film making choices (Dyer, Stars 10). To quote movie producer Arnold Kopelson: [Harrison Ford is] as big as they come. [His] name on a marquee opens a movie anywhere in America. His name on a marquee opens a movie in Bangkok. That’s the definition of a movie star. (qtd. Duke 188). Works Cited and Consulted Block, Alex Ben, Robert S. Birchard, Louis Burklow et al. George Lucas’s Blockbusting: A Decade-by-decade Survey of Timeless Movies Including Untold Secrets of Their Financial and Cultural Success. Ed. Alex Ben Block and Lucy Autrey Wilson. New York: IT, 2010. Print. Butler, Jeremy G. “The Star System and Hollywood.” The Oxford Guide to Film Studies. Ed. John Hill and Pamela Church. Gibson. Oxford: Oxford UP, 1998. 342-53. Print.

The Conversation. Dir. Francis Ford Coppola. Perf. Gene Hackman and Harrison Ford. Paramount Pictures, 1974. Film. “The Conversation Trailer”. Bonus feature. The Conversation. Paramount Pictures, 1974. DVD. Buena Vista Home Entertainment, 2004. Coppola, Francis Ford, dir. Audio Commentary. The Conversation. Paramount Pictures, 1974. DVD. Buena Vista Home Entertainment, 2004. Duke, Brad. Harrison Ford: The Films. Jefferson, NC: McFarland & Co., 2005. Print. Dyer, Richard. Heavenly Bodies: Film Stars and Society. London: Routledge, 2004. Print. ---. Stars. London: British Film Institute, 1979. Print. Ellis, John. Visible Fictions: Cinema, Television, Video. London: Routledge, 1992. Print.

The Empire Strikes Back. Dir. Irvin Kershner. Perf. Harrison Ford, Mark Hamill and Carrie Fisher. Twentieth Century-Fox Film Corp., 1980. Film. “Harrison Ford 1982 on Letterman, Part 1, promoting Blade Runner, Raiders of the Lost Ark”. Online video uploaded by D3Q8A. YouTube, 15 Dec 2008. Web. 17 Mar. 2013. Holmes, Su and Sean Redmond. “Introduction: What’s in a reader?” Stardom and Celebrity: A Reader. Ed. Su Holmes and Sean Redmond. Los Angeles, CA: SAGE Publications, 2007. 1-11. Print. “Indiana Jones: An Appreciation”. Commentary by Steven Spielberg, George Lucas, et al. Bonus feature. Raiders of the Lost Ark. Paramount Pictures, 1981. DVD. Paramount Home Entertainment, 2009. “Indiana Jones and the Raiders of the Lost Ark Trailer”. Movie trailer found online. Trailer Addict. Web. 20 Mar. 2013. Luceno, James. Indiana Jones: The Ultimate Guide. New York: DK Pub., 2008. Print. “Proust Questionnaire: Harrison Ford.” Interview. Vanity Fair, Dec. 2010. Web. 20 Mar. 2013.

Raiders of the Lost Ark. Dir. Steven Spielberg. Produced by George Lucas. Perf. Harrison Ford and Karen Allen. Paramount Pictures, 1981. Film. “Raiders of the Lost Ark: An Introduction”. Commentary by Steven Spielberg and George Lucas. Bonus feature. Raiders of the Lost Ark. Paramount Pictures, 1981. DVD. Paramount Home Entertainment, 2009. Reed, J. D. “The Sexiest Man Alive ‘98 ... Harrison Ford.” People 50.18. 16 Nov. 1998: n. pag. People Magazine Archive. Web. 20 Mar. 2013.

Six Days, Seven Nights. Dir. Ivan Reitman. Perf. Harrison Ford, Anne Heche and David Schwimmer. Buena Vista Pictures, 1998. Film. Star Wars. Dir. George Lucas. Perf. Harrison Ford, Mark Hamill and Carrie Fisher. Twentieth-Century Fox Corp., 1977. Film. Walker, Alexander. Stardom; the Hollywood Phenomenon. London: Michael Joseph, 1970. Print.

women and the material culture of the augustan age

Laura Greenfield

‘Woman, a pleasing but a short-lived flower Too soft for business and too weak for power.’ (Mary Leapor) • ‘I know you’d like to think your shit don’t stink But lean a little bit closer See that roses really smell like poo’ (Outkast) Pope’s The Rape of the Lock and Swift’s ‘The Lady’s Dressing Room’, excel in positioning females in mock-heroic verse, to critique irrational materialism in Augustan culture. The quote from Leapor’s poem ‘An Essay on Woman’ summarises the stereotype of passive womanhood and ornamental beauty, which became a popular cultural code in the early eighteenth century. Pope’s The Rape of the Lock confirms this premise whereas Swift’s satirical poem, ‘The Lady’s Dressing Room’, unveils the stereotype, to reveal a real image of woman. Addison encapsulates the contemporary perception of the upper class female ‘business,’ that revolves around the dressing table, ‘the toilet is their great scene of business, and the right adjusting of their hair the principal employment of their lives’ (10). This helps shed light on the significance of Pope’s affirmation of female passivity through his description of Belinda’s dressing table. Swift on the other hand, presents female activity through his portrait of the dressing room. Swift and Pope were both valued members of the literary elite, and Scriblerus Club, writing to satirise the popular culture surrounding them. Dressing and the use of cosmetics became an obsession for upper class women, as demonstrated in Pierre-Joseph’s eighteenth century pamphlet containing two-hundred and eighty-five treatments ‘for ladies’ (Pierre-Joseph 1) including, ‘to take away marks... after the small-pox’ (Pierre-Joseph 243) and ‘a liquid rouge that exactly imitates nature’ (Pierre-Joseph 228). In The Rape of the Lock and ‘The Lady’s Dressing Room’ women are represented before and after dressing room portraits. In both poems, the dressing table/room is a central focus which affirms, (Pope), and dispels, (Swift), romantic versions of female beauty. However, Pope and Swift are unified in their satire of the futile ‘business’ of female dressing, within a Bourgeois material culture.

The active and large object is put oxymoronically alongside the arbitrary and small, ‘Arabia... Box’ (Pope 1.134); ‘elephant... combs’ (Pope 1.135-36). The gigantic power of an elephant is instantly diminished into an insignificant object used for female preening. Pope demonstrates how the female economy consumes global goods, regurgitating them as modified insignificant objects. Belinda herself is described not through her natural features, but through these passive objects: this lack of physical visibility in the poem signals her lack of activity in society. Belinda is identified ‘in terms of mercantile expansion’ (Brown 13) through the commodities. The complex process and journey of how these commodities come to be on the dressing table, are displaced from the description. This exemplifies Belinda’s participation as a passive ‘consumer’ (Doody 61), against the backdrop of England’s vibrant trade and productivity. Pollak identifies that Pope collapses Belinda’s status an ‘as an object’ (79), and so we can consider Belinda as objectified, and just as passive as the gems that lay on her dressing table.

In ‘The Lady’s Dressing Room’ Swift pulls down the woman from her glittering pedestal of beauty, and dispels the ‘myth of passive womanhood’ (Pollak 13). It is no surprise that Swift is one of the writers taken in by women writers when they wish to censure false idealisation of women (Doody 108). The intricate combs that we come across on Belinda’s dressing table in The Rape of the Lock are “filled up with dirt” (Swift 21) composed of sweat and dandruff. ‘The Lady’s Dressing Room’ taints the typical perception of female dressing which is glamourised by Pope. In Swift’s verse, ‘Romantic or idealistic versions of female beauty are displaced by portraits of female intimacy’ (Fox 28) which disgust the reader. The beautiful, yet passive, commodities that are presented in Rape of the Lock become soiled and contaminated by human behaviour; ‘petticoats in frowzy heaps’ (Swift 48); handkerchiefs ‘varnished with snuff and snot’ (Swift 50); stockings ‘stained’ (Swift 52). In ‘The Lady’s Dressing Room’, the description of the bodily fluids represent an innate characteristic of female physical activity as a human. Normally hidden beneath the masculine lie, or what Pollak would identity as the myth, that Celia is ‘sweet and cleanly’ (Swift 18), In The Rape of the Lock Pope affirms female passivity, Swift successfully unveils female activity. However, it is important which Pollak identifies as ‘the myth of passive womanhood’ (4). to note that in ‘The Lady’s Dressing Room’, female activity can Pope describes Belinda’s sumptuous dressing table, covered in only be found when rummaging through the private world of a medley of objects that have connotations of global trade. The a dressing room, and not, in the public sphere. Swift satirises list of treasures, include gems from ‘India’ (Pope 1.133) and the ‘materialism of bourgeois values’ (Pollak 12) by crumpling, exotic animals ‘transformed to combs’ (Pope 1.136). The great- staining, sweating - the very objects that give value, in the form ness of exotic goods and treasures, are degraded into futile and of outward beauty, to females in public society. passive objects associated with female dressing and cosmetics. 23

Swift reinforces female wastefulness within a material culture in Gulliver’s Travels, ‘this whole globe of earth must be at least three times gone round, before one of our better female Yahoo’s could get her breakfast’ (Swift 234). Thia shows how Swift’s widespread distaste for irrational female demands of luxury in a globalised society, bleeds into his other texts. Similarly, Belinda, who is empowered by ‘using the treasures of a plundered world’ (Nokes 366) as previously discussed, coincides with Addison’s sensational remark, ‘a single dress of a woman of quality is often the product of a hundred climates’ (69). Both poems, therefore, demonstrate a suggestion of excessive female consumption of global goods. An arbitrary material culture is critiqued by Swift and Pope. I will now consider the way in which this achieved, through the deployment of the mock-heroic genre. Swift and Pope deploy epic machinery to satirise female inferiority within a material culture. Hammond affirms, ‘epic strategies [are used] to reveal impoverished values of social... coteries’ (151). In The Rape of the Lock, Belinda’s reliance on beauty, which projects her as no more than a decorative figure, is dramatised through pseudo classicism. Belinda ‘arms’ (Pope 1.139) herself with ‘awful beauty’ (Pope 1.139). The zeugmatic word ‘arms’ (Pope 139) is interchangeable with both the heroic and cosmetic notion of armour, which allows Pope to intermingle ‘heroic antiquity and laughable modernity’ (Robertson 2). Unlike Achilles’ ‘shining’ (Pope 137) solid armour in Homer’s The Iliad, Belinda is presented as dispersing her transparent ‘puffs’ and ‘powders’ (Pope 138) into the air. Gay’s mock-heroic poem The Fan, directly parallels Pope’s use of language in the description of the toilet, ‘furnish’d with bright beauty’s arms’ (Gay 1.128). The ‘cosmetic powers’ (Pope 1.124) that Pope satirises, and the eighteenth century literary notion of cosmetics replacing armour, is significant when we look at the etymology of the word ‘cosmetic’ (Pope 1.124). In the Concise English Dictionary, the etymology of cosmetic is defined as follows, “[French cosmétique from Greek Kosmetikos, via kosmeo “adorn” from kosmos, “order, adornment]”. In Pope’s mythical world, the ‘order’, or constitution of the world, is intermingled with cosmetics. In a period where fashion was booming as much as print culture, Pope is aware of the anxieties surrounding a diminishing modern culture, in comparison to the ancient. Damrosch recognises that ‘Pope’s world and Homer’s have both receded into the past... the gulf between Belinda and Achilles has narrowed’ (13) which demonstrates that the contrast between Homer’s verse and Pope’s would have been more striking to the contemporary reader, in comparison the twenty first century reader. In Pope’s verse, vain concerns of female appearance takes prominence in his representation of human nature. Pope contrasts the arbitrary with the significant, the ancient world with the modern, for a critical inspection of Augustan culture. 24

Pope’s pseudo-classical framework highlights the futility of female beauty through the presentation of dressing table grooming. Pope’s translation of the Iliad at the time, (Chambers 191) clearly influenced the verse in Rape of the Lock. The sylphs console Belinda for the loss of her lock, like Thetis and her Nymphs console Achilles for the loss of Patroclus (Homer). In The Rape of the Lock the ‘flimsy’ (Damrosch 47) sylphs, which can be interpreted as an extension of Belinda’s mind or behaviour, partake in female grooming ‘those divide the hair’ (Pope 1.146). Importantly, ‘whilst the sylphs guard women, men are on their own’ (Brown 88). In The Rape of the Lock, epic machinery only applies to women, specifically focusing on female vanity. Therefore, Pope’s verse suggests that women partake in practices that attribute to impoverished values in modern society. In the case of Belinda, these values are not concerned with an epic cause, but with beauty that shall ‘fade’ (Pope 5.28). From a different perspective, Swift suggests the Augustan notion of female beauty itself is a fragile and unstable concept, by positioning the pseudo classical ‘goddess’ (Swift 3), Celia, within an epic framework. In ‘The Lady’s Dressing Room,’ Swift’s scatological verse pulls Celia down from her elevated status as a goddess, as evidence of base human instincts are revealed to Stephon. ‘Excremental smell[s]’ (Swift 111), take over the perfumes of Arabia described in Pope’s The Rape of the Lock. From a different perspective, Swift suggests the Augustan notion of female beauty itself is fragile and unstable. Nokes notes that ‘Swift takes a forensic delight in lifting silk petticoats’ (365), to reveal what is hiding beneath the facade of a woman’s appearance. There is a clear example, when Swift intermingles the classical ‘Pandora’s box’ (Swift 83) with Celia’s bed pan. This presents a clear drop in register, which represents the cultural drop from the ancient to the eighteenth century world. It also presents the interchanging role between man and woman as humans. Rather than Pandora opening the box of the world’s evils, Stephon opens the box to reveal women’s evils. It is man that is portrayed as the intrigued figure. In Swift’s depiction of the dressing room, ‘Stephon is ridiculed for [initially] idealising his goddess’ (Nokes 366). Through this ridicule, Swift addresses the wider issues of his contemporary culture: Swift critiques the false construction of flower-like ‘female frailty’ (Payne 7), by presenting women as just as embedded within human animality as men. Stephon’s revelation, ‘Celia shits!’ (Swift 118) becomes the crux of humor in the verse, as Stephon discovers a secret masked by a cultural myth of female passivity. The material culture that puts female passivity and beauty upon a pedestal, suddenly appears futile and unnecessary, once Stephon discovers that females ‘shit...’ (Swift 118) too. Nokes supports Swift’s portrayal of both genders sharing humanity, ‘on the privy, all men are equal’ (372). Through presenting an equality between

Works Cited men and women, Swift highlights the pointlessness of Augustan society romanticising females. Addison, Joseph. “No. 10 - Monday, March 12, 1711.” The Spectator: A New

Edition. Ed. Henry Morley. Gutenburg (1891): Vol. 1. Web. 13 March 2013.

Pope and Swift excel in deploying mock-heroic verse to criticise material culture, paying particular attention to female dressing, in order to achieve this. By presenting Belinda through commodities and cosmetics, Pope degrades the feminine vain self-consuming modern world in comparison to the honourable heroic ancient world. Notably, whilst Pope seems to admire the aesthetically vibrant dressing table, his verse affirms females’ passive role as a consumer in Augustan society. In a different vein, Swift critiques society positioning women as dressing room flowers, by revealing that they share human animality. The material culture that encourages women to dress a certain way and embody passive beauty, is consequently seen as something arbitrary and false. Swift’s ‘The Lady’s Dressing Room’ is a poem that encourages gender equality in its voyeuristic portrait. Both poems are entwined, by focusing on dressing rooms/tables to achieve their purpose: to satirise material culture. I plan to use this essay as a platform for further research into eighteenth century excessive consumerism and female dressing in Augustan society, which I believe is fascinating. The dressed up woman, which I believe is what Pope’s Belinda represents, is inactive and restrained in her quest for idealised beauty. However, once this idealised woman is undressed, presented in Swift’s Celia, the myth of her passivity is unwrapped to present the truth: that women are active animalistic beings.

Addison, Jospeph. “No. 69 - Saturday, May 19, 1711.’ The Spectator: A New Edition. Ed. Henry Morley. Gutenburg (1891): Vol. 1. Web. 13 March 2013. Brown, Laura. Alexander Pope. Oxford: Basil Blackwell Inc, 1985. Print. Chambers, Douglas. “‘Wild Pastorall Encounter’: John Evelyn, John Beale and the Renegotiation of Pastoral in the Mid-seventeenth Century.” Culture and Cultivation in Early Modern England: Writing and the Land. Ed. Michael Leslie and Timothy Raylor. Leicester: Leicester University Press,1992. 173-194. Print. “Cosmetic.” The Oxford Concise English Dictionary. 12th ed. 2011. Print. Damrosch, Leopold. The Imaginative World of Alexander Pope. London: University of California Press, 1987. Print. Doody, Margaret Anne. “Gender, Literature, and Gendering Literature in the Restoration.” The Cambridge Companion to English Literature, 1650-1740. Ed. Steven N. Zwicker. Cambridge University Press, 1998. 58 – 81. Print. Fox, Christopher. “Introduction.” The Cambridge Companion to Jonathan Swift. Cambridge: Cambridge University Press, 2003. 1-13. Print. Gay, John. “The Fan.” The Works of the British Poets. Ed. Thomas Park. London: Stanhope Press, 1806. 71-90. Print. Hammond, Paul. “Classical Texts: Translations and Transformations.” The Cambridge Companion to English Literature, 1650-1740. Ed. Steven N. Zwicker. Cambridge University Press, 1998. Print. Landry, Donna. “Alexander Pope, Lady Mary Wortley Montagu, and the Literature of Social Comment.” The Cambridge Companion to English Literature, 1650-1740. Ed. Steven N. Zwicker. Cambridge: Cambridge University Press, 1998. 307–329. Print. Leapor, Mary. “An Essay on Woman.” The Norton Anthology of English Literature. Ed. Stephen Greenblatt. New York: Norton and Company Ltd, 2006. 2608-2611. Print. Nokes, David. Jonathan Swift, a Hypocrite Reversed: A Critical Biography. Oxford: Oxford University Press, 1985. Print. Payne, Deborah C. “Pope and the War Against Coquettes; or, Feminism and ‘The Rape of the Lock’ reconsidered - Yet Again.” The Eighteenth Century. 32.1. (1991): 3-24. Jstor. Web. 10 March. 2013. Pierre-Jospeh, Buc’hoz. “The Toilet of Flora or, Collection of the Most Simple and Approved Methods of Preparing Baths, Essences, Pomatums, Powders, Perfumes...” Medicine, Science and Technology, Eighteenth Century Collections Online. Web. 13 March 2013. Pollak, Ellen. The Poetics of Sexual Myth: Gender and Ideology in the Verse of Swift and Pope. Chicago: The University of Chicago Press, Chicago, 1985. Print. Pope, Alexander. “The Rape of the Lock.” Selected Poetry. Ed. Pat Rogers. New York: Oxford University Press,1994. 32-54. Print. Seidel, Michael. “Satire, Lampoon, Libel, Slander.” The Cambridge Companion to English Literature, 1650-1740. Ed. Steven N. Zwicker. Cambridge University Press, 1998. 33-57. Print. Swift, Jonathan. Gulliver’s Travels. Ed. Claude Rawson. New York: Oxford University Press. 2008. Print. Swift, Jonathan. “The Lady’s Dressing Room.” The Norton Anthology of English Literature. Ed. Stephen Greenblatt. New York: Norton and Company Ltd, 2006. 2590-2593. Print.








When asked why I chose to study Law, my answer usually comes with a little preamble - that I actually applied to study English and switched to Law last minute. No regrets so far! I decided to join The Undergraduate because I wanted the opportunity to be part of a new and exciting project, and help facilitate the way in which Law was brought into that.

Palestine still fails to satisfy the international law criteria; albeit on the path to meeting it. Aside from this being a really engaging and sophisticated essay, I thought it well-suited to the interdisciplinary nature of The Undergraduate - perhaps of particular interest to our friends from the Middle Eastern Studies section. The second submission perceptively identifies and engages with some of the challenges facing a purchaser of land , whether registered or unregistered. Whilst one might assume that, due to the system of land registration, there is less of a need to physically inspect land for oneself prior to purchase, the author notes that the reality is very different. A significant amount of land remains unregistered, maintaining the need to physically inspect land, and, even where land is registered, it is submitted that there still remains a need for physical inspection largely due to the remaining problem for the purchaser in the form of ‘overriding interests’. This is an original and engaging piece, allowing the reader to sympathise with a prospective purchaser of land. The author questions whether the aims behind the Land Registration Act 2002 have in reality been met, and comes to a well-founded conclusion that the purchaser cannot ultimately afford to be complacent.

We received an impressive number and quality of Law submissions, and I wish to congratulate all of those who sent in their entries. Thank you. Deciding which to publish has not been easy! The first article I have chosen considers whether P a l e s t i n e can be considered a state under public international law. The Palestinians have long sought to establish an independent, sovereign state; yet, their application to the UN for full member state status in September 2011, coupled with its upgraded status to ‘non-member observer state’ in November 2012, serves merely to emphasise the fact that Palestine is still unable to call itself a state. The author challenges whether Palestine is legally entitled to such a definition. They are critical of some of the arguments put forward as requirements for statehood, yet ultimately concede that 26

does palestine meet the criteria for statehood at public international law ?

Eleanor Pike

Referred to as ‘an almost mythological territory saturated with religious ideology and endowed with overwhelming cultural significance’, 1 Palestine is a subject surrounded by controversy, uncertainty and debate. Its statehood is a much discussed issue, a ‘thorny topic’ for the UN since “the question of Palestine” was placed on its agenda. 2 The status of Palestine has inherent difficulties due to the international decision to give the right of self-determination to both the Arabs and Jews of Historic Palestine; 3 this is referred to as the ‘two-state solution’. However, the current situation in Palestine is such that it may not be able to provide the Palestinians ‘with the freedom, justice and emancipation they seek.’ 4 Yet, that is a matter of perspective as, ultimately, recognition as a state of Palestine lies in the fulfilment of both codified and customary international law. Much of the debate stems from the fact that the word ‘State’ itself has ‘never been given a universally accepted official definition.5 Consequently, ‘some assume that Palestine is not yet a state but should become one, when and if agreement is reached with Israel Others assume that Palestine is already a state.’ 6 Such disagreement about the Palestinian status is indicated by uncertainty in regards to the weighting, importance and necessity of particular requirements said to constitute the apparatus of what formulates a state in international law. The BBC summary 7 is indeed an aide in setting out a number of the issues to be considered; however, since publication, certain circumstances have changed. 8 From the codified conditions of the Montevideo Convention 9 and the debated necessity of state recognition, to the unquantifiable measure of sovereignty to the importance of UN membership, the influence of each factor is debated. Ultimately, it is about having enough support for a Palestinian state and a belief in its being effective enough to be recognised. Palestinian statehood in public international law would subsequently bestow a number of rights and duties upon it. Examples include: protection from the use of force by other States (in Palestine’s case, from Israel), the right of self-defence in the event of an armed attack against it and access to certain courts, such as the International Court of Justice.10 The Montevideo criteria are the foundation for state recognition in public international law. 11 Firstly, there must be a permanent population, which is the recognised people group of the Palestinians. However, a problematic issue that may need settlement before accepted statehood is the 500,000 Jews in over 200 settlements in Palestinian territory. Secondly, there must be a defined territory. The summary shows the division of Palestinian territory into the West Bank and the Gaza strip, with Palestinians aiming for their state to be recognised on the pre-June 1967 ceasefire.12 While there is no need for ‘settled boundaries’,13 this land must be controlled by the state government, and the map illustrates areas of ‘joint control’ between Palestinians and Israel. The Montevideo criteria should be viewed ‘intra-actively as a whole’,14 linking territory with the government 27

Appendix 1

condition. The Palestinian Liberation Organisation (PLO) is the organisation that represents Palestine internationally. However, in regards to internal government, the Palestinian National Authority (PNA) largely controls the West Bank, whereas Hamas governs the Gaza Strip. A recent UN report concluded that in PNA controlled territory, “governmental functions are now sufficient for a functioning government of a State’.15 Notwithstanding this, a divided government- an opposing argument of an ‘inability of the Palestinian authorities’ to ‘effectively and independently’ govern- and the Israeli occupation over territorial areas, means that Palestine does not currently match the key statehood condition of government. This may be due to the ‘repressive military grip that Israel imposed’ or the ‘inadequacy of the support provided by the international community’, both regrettable.16 Nevertheless, hopefully future unification of political factions will form an effective, united internal government.17 The final criterion of capacity to enter into relations with other States is satisfied by the fact that ‘the overwhelming majority of States...maintain bilateral relations’ with the PLO. 18 While today Palestine may not wholly fulfil the Montevideo criteria, the principle of self-determination was not recognised when drafted, and the influence of UN recognition must be acknowledged by arguably bringing Palestine closer to the fore of statehood than if envisaged only in light of Montevideo criteria. Some believe recognition by other States is an element that Palestine must satisfy to become a State in public international law. Traditionally, it was seen as ‘an essential element of statehood’,19 the constitutive theory declaring that a State would not exist under international law without it.20 However, today it is largely accepted that ‘recognition is an act that only acknowledges a Statehood which already exists.’ 21 Consequently, if Palestine is said to meet the criteria for Statehood, arguably ‘it is a State regardless of its recognition by other States’; 22 for example, it could be acknowledged as a State despite resolute refusal of the US and Israel to approve Palestinian statehood.23

Yet ultimately, in line with the declaratory theory, if Palestine does not fulfill international requirements, recognition will not change the facts or the status of the West Bank and the Gaza Strip. 24 While this is a widely accepted view, the political and discretionary act of recognition can have an important influence on the bestowment of statehood. This factor has been acknowledged by the Palestinians, seen in their diplomatic strategy of ‘asking individual countries to recognise an independent Palestinian state’. 25 The significance of recognition, that makes it arguably not simply a declaratory act, is that it can be interpreted as a symbol of ‘political accommodation’ by other States. 26 Furthermore, particularly collective recognition can impact how stringently the Montevideo criteria is applied and appreciated. 27 Meloni presents the fact that ‘the rationales of the international balancing of powers, the pursuit of political goals supported by the majority of States...have previously led to the result that political entities have been accepted as States...despite the fact that their status as independent and sovereign States has been even less evident than today’s Palestine’. 28 An example to compare with Palestine is the former Belgian Congo, now the Democratic Republic of Congo. It was recognised in circumstances where ‘anything less like effective government would be hard to imagine’. 29 Consequently, despite ambiguity over Palestine satisfying the requisite foundational international criteria, UN membership, and subsequent general recognition of Palestinian statehood, is decidedly significant and thus a prospective condition for Palestinian statehood. The integration and linking of the issue of Palestinian status and existence as a state with UN membership and recognition is indicative of the importance and influence that UN membership could have over the conferment of statehood on Palestine. 30 The President of the Palestinian Authority, Mahmoud Abbas, declared that UN recognition and membership by the General Assembly would be to ‘issue a birth certificate of the reality of the State of Palestine.’ 31 This intimates UN membership to be a crucial, although customary rather than codified, factor in facilitating international statehood; such collective recognition constituting ‘strong evidence that Palestine is nevertheless a State that fulfils the requirements laid down by international law.’ 32 Consequently, there has arguably been an evolution in public international law from statehood being purely based on Montevideo criteria to including UN recognition. Meloni raises the point that ‘despite exercise by the PNA of certain powers of governance over the Palestinian territorial community,’ the rejection of full UN membership by the Security Council in 2011, not being a party to the WHO, other UN agencies or the 1949 Geneva Conventions, is evidence of persisting difficulties with potential Palestinian statehood.33 Yet, it may be that, despite ‘special circumstances’, such as Israeli occupation and an internal political divide, UN recognition would be strong enough evidence for Palestinian statehood. 34 The journey towards Pal28

estinian statehood thus appears to be one of numerous stages; for instance, the achievement of non-member observer state status in 2012. This means participation in General Assembly debates and a greater likelihood of being accepted into other UN agencies and the International Criminal Court. Being promoted from an entity with ‘permanent observer’ status to that of non-member observer ‘state’ is indicative of a gradual, positive change in regards to accepting Palestine as a state in public international law. Cerone establishes that it is possible to be a ‘sovereign state without being a Member State of the UN’Switzerland, for instance- yet also a UN Member State without being a fully independent state; India, before independence.35 Yet, due to the remaining uncertainty about Palestinian status due to arguable flaws and defects, collective recognition of the State through granting UN membership may be the final factor necessary for Palestine to meet the criteria for statehood in international law. Self-determination has been utilised, as ‘one of the essential principles of contemporary international law’,36 to grant statehood to ‘communities without real sovereignty’.37 It could thus be argued that if Palestine does not currently fulfil the set international criteria for statehood sufficiently, the inalienable rights of sovereignty and self-determination38 could nevertheless have Palestine classified as a state in international law. Self-determination is about the ‘right of cohesive national groups to choose for themselves a form of political organisation and their relation to other groups’. 39 Furthermore, various UN General Assembly Resolutions since the 1970s reaffirmed ‘the right of self-determination without external interference and also the right to national independence and sovereignty’.40 Consequently, the 1988 declaration of a Palestinian State was a people exercising their right to independence and self-determination. 41 Despite subsequent acknowledgement and recognition by over one hundred states, the language used by Palestinians themselves while bidding for 2012 UN membership was indicative of acknowledgement that Palestine was not yet a fully recognised state at public international law: they sought to “assert the state that must be realised – that is Palestine”.42 Undeniably, during the period of decolonisation in the 1960s and 1970s there was a ‘pro-active assertion of self-determination and equality’ which resulted in ‘a new universal international order’. In this atmosphere of aspirational political and social equality, recognised were ‘fledgling States that had questionable viability’; 43 states which had incomplete control of their territories, without real sovereignty, lacking effectiveness, such as Ukraine, Republic of Congo and Guinea-Bissau. 44 Therefore, it is arguable that Palestine should be recognised, as a former colony of Israel, to be an independent state due to widespread recognition and the satisfaction of certain public international criteria. However, ‘the criterion of statehood is not legitimacy but effectiveness.’ 45 Therefore, standing issues including disagreements with Israel

over Jerusalem, borders, Israeli settlements and security, with Palestinian dependence on foreign aid, 46 result in doubts about Palestine’s true independence and effectiveness if made a State and thus eligibility for international statehood. In conclusion, it can be seen that, for Palestine to achieve statehood in public international law, it is about more than simply satisfying the Montevideo criteria. In regards to these requirements, there is not complete accomplishment due to Palestine’s divided internal government, the Jewish settlements and remaining Israeli control over areas of Palestinian territory. As aforementioned, the weighting given to the principles of self-determination and sovereignty has in the past granted statehood to communities who have less than adequately satisfied the Montevideo criteria. Over one hundred states have recognised Palestine and the UN upgrade to non-member observer state are indicative of a widespread acceptance of Palestine as a state, to a certain extent. However, these elements are not necessarily ‘criteria’; rather, ‘the rationales of the international balancing of powers, the pursuit of political goals’.47 Consequently, for Palestine to be an effective state in public international law, the factions of government would have to be united, with resolutions made with Israel over the Jewish settlements and Israeli territorial control. Furthermore, it can be said that the final, more customary international law factor for statehood to be bestowed is for full UN membership; in other words, significant collective recognition of Palestine as a state. Until these occur, current Palestine could not be said to satisfactorily meet international law criteria for statehood. Yet for now, as in the words of a PLO veteran, it can be understood that this nation is ‘moving in the right direction to becoming a Palestinian state.’ 48 Endnotes 1 Said, Edward and Hitchens, Chistopher, Blaming the Victims: Spurious Scholarship and the Palestinian Question, (Verso, 2001) 1 2 Iain Scobbie, Alon Margalit and Sarah Hibbin, ‘Recognising Palestinian Statehood’ (2011) Yale Journal of International law 3 Ibid. 4 Hilal, Jamil, Where Now for Palestine? The Demise of the Two State Solution (Zed Books, 2007) [18] 5 Meloni, Chantal and Tognoni, Gianni, Is there a Court for Gaza?: A Test bench for International Justice, (Springer 2012) 6 Quigley, John, The Statehood of Palestine: International law in the Middle East Conflict (Cambridge University Press, 2010) [ix] 7 BBC News, Middle East, ‘Q&A: Palestinians’ upgraded UN Status’, 30 November 8 For instance, since the 27 September, Palestine has indeed become a non-member observer state (30 November) 9 Montevideo Convention on the Rights and Duties of States, signed December 26 1933 10 Cerone, John, ‘Legal Implications of the UN General Assembly Vote to Accord Palestine the Status of Observer State’, (December 7 2012) Insight, American Society of International Law, Vol 16, Issue 37 11 Supra note 7 12 See Appendix 1 13 Deutsche Continental Gas-Gesellschaft v. Polish State (1929) 5 ILR 11 14 Dajani, Omar M., ‘Stalled Between Seasons: The International Legal Status of Palestine During the Interim Period’ (1997) 26 Denver Journal of International Law and Policy 27, 82


15 Supra note 2 16 Supra note 5 17 SOAS, ‘Palestinian Statehood and Collective Recognition by the UN’; See Hamas and Fatah agree to form a caretaker government (27 April 2011) 18 Ibid. 19 Cerone, John, ‘The UN and the Status of Palestine – Disentangling the Legal Issues’ (September 13, 2011) American Society of International Law Insights, Volume 15, Issue 26 20 Shaw, Malcom, International Law (Cambridge University Press, 6th edn 2008) 207 21 Supra note 14; Aaland Islands Case (1920) LNOJ Special Supplement No 3, p3 22 Ibid.; See Rights of US Nations in Morocco Case: United States v. France (1952) ICJ Rep 176 23 Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v Yugoslavia) Preliminary Objections, ICJ Rep 1996, p.595 24 Supra note 14 25 BBC News, Middle East, ‘Q&A: Palestinians’ upgraded UN Status’, 30 November 26 Crawford, James, ‘The Creation of States in International Law’ (Oxford University Press, 2nd edition, 2006) [26] 27 Supra note 16 28 Supra note 5 29 Supra note 2 30 Supra note 16 31 Sixty-seventh General Assembly; General Assembly Plenary; 44th & 45th Meetings (PM & Night) 32 Supra note 2 33 Supra note 5, at 34 34 Supra note 2 35 Supra note 16 35 Ibid. 37 Supra note 5 38 See East Timor case (Portugal v Australia) (1995) International Court of Justice Reports 90 39 Brownlie, Principles of Public International Law 593 (3rd edn), taken from Ott, David H. Palestine in Perspective, (Quartet Books Limited 1980) 101 40 Ott, David H. Palestine in Perspective, (Quartet Books Limited 1980) 102; See Namibia (Advisory Opinion) (1971) International Court of Justice Reports 16 41 Palestinian Declaration of Independence, Algiers, November 15, 1988 42 Abbas Mahmoud in his 2012 speech to the General Assembly; McMahon, Robert, ‘Palestinian Statehood at the UN’, November 30 2012, Council on Foreign Relations 43 Kreijen, Gerard, State Failure, Sovereignty and Effectiveness: Legal Lessons from the Decolonisation of Sub-Saharan Africa, (Martinus Nijhoff Publishers, 2004), 1 44 Supra note 5 at 25, 26 45 Supra note 22 at 3; (Foreign Minister Eban (Israel), arguing against a request for an advisory opinion of the International Court on the status of Palestine: SCOR 340th meeting, 27 July, 1948, 29-30) 46 Supra note 16 47 Supra note 5 48 Erekat, Wasef, 66, a Palestine Liberation Organisation veteran on the UN vote, The Telegraph, ‘UN defies US to recognise sovereign state of Palestine’, Alex Spillius, Mark Hughes and Robert Tait, 29 November 2012 Bibliography

Journal Articles and Textbooks BBC News, ‘Q&A: Palestinians’ upgraded UN status’ <> Benoliel, Daniel; Perry, Ronen, ‘Israel, Palestine and the ICC’ (2010) Michigan Journal of International law, Volume 32, Issue 1, 73 Boyle, Francis A, ‘The Creation of the State of Palestine’ (Forum: The Algiers Declaration on Palestine) (1990) European Journal of International Law, Volume 1, 301 Brownlie, Principles of Public International Law 593 (3rd edn), taken from Ott, David H. Palestine in Perspective, (Quartet Books Limited 1980) Crawford, James, ‘The Creation of States in International Law’ (Oxford University Press, 2nd edition, 2006)

Crawford, James ‘The Creation of the State of Palestine: too much too soon?’ (1990) European Journal of International Law Vol 1, 307

Montevideo Convention on the Rights and Duties of States, signed December 26 1933

Crawford, James, ‘Israel (1948–1949) and Palestine (1998–1999): Two Studies in the Creation of States’, The Reality of International Law: Essays in Honour of Ian Brownlie, Guy S. Goodwin-Gill and Stefan Talmon, 1999, (Oxford Scholarship Online: March 2012)

Case-Law Aaland Islands Case (1920) LNOJ Special Supplement No 3, p3

Cerone, John, ‘Legal Implications of the UN General Assembly Vote to Accord Palestine the Status of Observer State’, (December 7 2012) Insight, American Society of International Law, Volume 16, Issue 37 Cerone, John, ‘The UN and the Status of Palestine – Disentangling the Legal Issues’ (September 13, 2011) American Society of International Law Insights, Volume 15, Issue 26 Dajani, Omar M., ‘Stalled Between Seasons: The International Legal Status of Palestine During the Interim Period’ (1997) 26 Denver Journal of International Law and Policy 27

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v Yugoslavia) Preliminary Objections, ICJ Rep 1996, p.595 Austro-German Customs Union case (1931) Permanent Court of International Justice, Series A/B, No. 41 Deutsche Continental Gas-Gesellschaft v. Polish State (1929) 5 ILR 11 East Timor case (Portugal v Australia) (1995) International Court of Justice Reports 90 Island of Palmas Case (1929) 2 RIAA 829

George, Forji Armin, ‘Is Palestine a State’? (2004) <>

Lotus case (France v Turkey) (1927) Permanent Court of International Justice Ser. A No. 10

Hilal, Jamil, Where Now for Palestine?: The Demise of the Two State Solution (Zed Books, 2007)

Namibia (Advisory Opinion) (1971) International Court of Justice Reports 16

Kreijen, Gerard, State Failure, Sovereignty and Effectiveness: Legal Lessons from the Decolonisation of Sub-Saharan Africa, (Martinus Nijhoff Publishers, 2004) Meloni, Chantal and Tognoni, Gianni, Is there a Court for Gaza?: A Test bench for International Justice, (Springer 2012) Said, Edward and Hitchens, Chistopher, Blaming the Victims: Spurious Scholarship and the Palestinian Question, (Verso, 2001) Sayigh, Yezid, ‘Redefining the Basics: Sovereignty and Security of the Palestinian State’ (1995) Journal of Palestine Studies, Volume 24, No.4, 5 Scobbie, Iain, Alon Margalit and Sarah Hibbin, ‘Recognising Palestinian Statehood’ (2011) Yale Journal of International law <> Shaw, Malcom, International Law (Cambridge University Press, 6th edn 2008) Shen, Jianming, ‘Sovereignty, Statehood, Self-Determination, and the Issue of Taiwan’ (2000) American University International Law Review, Volume 15, Issue 5, Article 4 <> School of Oriental and African Studies, ‘Palestinian Statehood and Collective Recognition by the UN’ <> Quigley, John, ‘Palestine is a State: A Horse with Black and White Stripes is a Zebra’ (2011) Michigan Journal of International Law, Vol 32, p749, Human Rights International Criminal Law Online Forum <> Quigley, John, The Statehood of Palestine: International law in the Middle East Conflict (Cambridge University Press, 2010)

Online documents Abbas Mahmoud in his 2012 speech to the General Assembly <> McMahon, Robert, ‘Palestinian Statehood at the UN’, November 30 2012, Council on Foreign Relations BBC News, Middle East, ‘Q&A: Palestinians’ upgraded UN Status’, 30 November <> Erekat, Wasef, 66, a Palestine Liberation Organisation veteran on the UN vote, The Telegraph, ‘UN defies US to recognise sovereign state of Palestine’, Alex Spillius, Mark Hughes and Robert Tait, 29 November 2012 <> Palestinian Declaration of Independence, Algiers, November 15, 1988, Sixty-seventh General Assembly; General Assembly Plenary; 44th & 45th Meetings (PM & Night) <>



North Sea Continental Shelf cases (Federal Republic of Germany/Denmark; Federal Republic of Germany/The Netherland) (1969) International Court of Justice Reports 3 Rights of US Nations in Morocco Case: United States v. France (1952) ICJ Rep 176 Western Sahara case (Advisory Opinion) (1975) International Court of Justice Reports 12

the importance of making an inspection before purchasing land

Jonathan Clarke

“The central dilemma of land law is how to reconcile security of title with ease of transfer” 1, which often proves problematic, as “land law has to reflect the [conflicting] needs of commerce, families, financial institutions, neighbours, purchasers and occupiers.” 2 This dilemma forms the focus for this question because the Register is not always “a complete and accurate reflection of the state of the title of the land at any given time”,3 leaving the purchaser bound by the doctrine of ‘caveat emptor’4 in the absence of a true ‘mirror’. This essay will argue that, despite legislative reform, there remains a “crack” 5 in the entrenchment of ‘the mirror principle’, in the form of overriding interests, meaning a thorough physical inspection of land, prior to purchase, is still essential. This essay’s primary focus will be on registered conveyancing, although reference will still be made to unregistered conveyancing, as approximately between 15% 6 and 40% 7 of land is still unregistered. Moreover this essay believes these particular interests are worthy of note, because they “tend to be both anomalous and awkward, presenting conveyancing difficulties wholly disproportionate to their number.” 8 In unregistered conveyancing, a purchaser can acquire a legal estate without being subject to any equitable rights 9 upon the land; if it can be proven they are a bona fide purchaser for value without notice .10 Vaughan Williams LJ in Hunt v Luck stated that “a purchaser…must make inquiries of the person in possession…and find out from him what his rights are” 11 and failure to inspect could result in the purchaser being “subject to the title or right of the tenant in possession” 12; this is known as constructive notice. A purchaser shall not be prejudicially affected by notice unless “it is within [their] knowledge, or would have come to [their] knowledge if such inquiries and inspections had been made as ought reasonably to have been made”.13 James LJ described this is an “absolute, unqualified, unanswerable defence”,14 demonstrated in Wilkes v Spooner15 where the landlord did not have notice of the covenant and so it was destroyed. Purchas LJ considered in Kemmis v Kemmis that one cannot simply “willfully abstain from inquiry to avoid notice”,16 therefore it is clear that a careful inspection is imperative in order to avoid constructive notice of unwanted encumbrances. At first glance it could be argued that the “dangers of the doctrine of notice” 17 have partly eroded, leaving little need for a physical inspection. Pottage attributes this to a change in conveyancing convention18 with conveyancers no longer inspecting before completion, but prior to exchange of contracts, eliminating the “parasitic”19 effectiveness of the 31

doctrine. Alternative analysis would suggest that the introduction of ‘land charge registration’ and the increased use of the statutory provision of ‘overreaching’ are more significant factors. ‘Overreaching’ allows for a purchaser to lift a beneficiary’s interest under a trust, on its sale, as outlined in s.2(1)(ii) LPA 1925 20 and s.27, as amended by TOLATA 1996 ,21 Sch.3, para.4(1). Additionally, most equitable rights are now registered on the Land Charges Register, in accordance with the Land Charges Act 1972.22 Non-registration will allow a purchaser to take an estate free of an unregistered land charge, even if he is aware of its existence, 23 nullifying the need to physically inspect to avoid constructive notice. However, upon closer examination, it is clear “there remain a few entitlements in unregistered land which are neither overreached nor capable of registration as land charges and whose priority against a purchaser therefore turns on the traditional doctrine”, ultimately maintaining the importance of inspecting property. The “original notion of land registration was that the register would provide a complete record of title” 24 and all land would be registered within 30 years following the Land Registration Act 1925. 25 This evidently failed and Dixon notes, “the LRA 1925 was ripe for reform”, 26 particularly the “infamous s70(1) and its list of overriding interests”, 27 which Omar describes as “a counter-intuitive aspect of the phenomenon of registration.” 28 Overriding interests are interests, which the registered title is subject to, despite not appearing on the register, and bind a person who acquires any future interest in the property. This proves problematic for purchasers, as often discoverability is difficult, resulting in concealed overriding interests, which defy moral logic. It is unfair to bind a purchaser to an unwanted encumbrance when they meticulously inspected the property and found nothing. Sargant J agrees, arguing in Yandle & Sons v Sutton that “a patent defect, which can be thrust upon the purchaser, must be a defect which arises either to the eye, or by necessary implication from something which is visible to the eye.” 29 Therefore, the “fundamental objective” 30 when reforming the Land Registration Act in 2002 was to reduce and reorganise s70(1), in order to bring the register closer to ‘mirror’ representation, along with making it “possible to investigate title to land online, with the absolute minimum of additional enquiries and inspections.” 32 Harpum notes that it “is a very different Act from its predecessor”,33 containing positives for purchasers, including the abolition of overriding interests previously contained in s.70(1)(c), (f) and (h) .34 However, it could be argued that

these exclusions aren’t revolutionary and only address the periphery. This is because the “liability to repair the chancel of any church” 35 was a predictable withdrawal following on from Aston v Wallbank ,36 and Dixon claims that the rights guaranteed under s.70(1)(h) were an “anomaly” 37 originally and were another expected exclusion. Moreover, categories such as actual occupation 38 remain, which “constituted both the most sweeping and the most often litigated category of overriding interests under the LRA 1925” .39 Actual occupation requires an interest in the land, which is based on proof of a proprietary right, and actual occupation of the land. This unexpected level of litigation is arguably because the development of the principles of resulting and constructive trusts and proprietary estoppel “encouraged the informal acquisition of rights in land” 40 and transformed the LRA 1925 “into a different creature from that envisaged by the drafters”. 41 It must be acknowledged that amendments to s.70(1) (g) have been made in the 2002 legislative reform. Firstly, persons who are in receipt of the rent and profits of the land no longer enjoy overriding status. Secondly, the inclusion of a reasonable inspection defence: “would not have been obvious on a reasonably careful inspection of the land…” 42 and finally the decision in Ferrihurst v Wallcite 43 has been reversed, so that actual occupation of part of the land no longer has an overriding interest over the entirety of the land. Although, Robert Walker LJ disagrees with the reversal stating, “it would be surprising if there would be a different result merely because one room in the house had [not] been occupied…” 44 Jackson questions the importance of the inclusion of a reasonable inspection defence and argues that it “is logically flawed” because “the possibility of the concealed overriding interest did not arise as a result of the absence of such requirements…[and therefore] will not enable the register to be any more conclusive”. 45 If Jackson’s analysis was followed, it could be argued that a physical inspection is therefore obsolete and unimportant, because a purchaser may still be bound, regardless of how prudent their inspection. Lord Wilberforce’s absolutist interpretation in Williams & Glyn’s Bank Ltd v Boland supports Jackson: “If there is actual occupation, and the occupier has rights, the purchaser takes subject to them. If not, he does not. No further element is material.” 46 This view has even been adopted since the 2002 reform, where it was made clear a ‘constitutionalist’ interpretation was preferred, by Lewison J in Thompson v Foy 47 suggesting that this provision “does not require an actual inspection” but instead “asks what would have been obvious if an inspection had been made.” 48 Bogusz heavily criticises this analysis arguing, “this view does not adequately reflect the purpose and dual operational nature of this provision.” 49 This essay agrees, but questions the effectiveness it has in providing “a point of reference for the intending disponee 50 spelling out the objectives of the inspection process” , 51 because unless one has a suitable level 32

of legal knowledge and knows what to look for, then a physical inspection prior to purchase remains difficult. This was demonstrated in Abbey National v Cann , where occupation as an agent avoided the ruling in Strand Securities v Caswell 53 which stated that you cannot establish actual occupation via the occupation of another. Furthermore, in certain situations where enquiries are actually made of the holder of an interest and the holder is not aware of his interest, through reasonable lack of legal knowledge, then a purchaser can still be bound, completely undermining the importance of a prudent inspection to avoid unwanted encumbrances. The concept of what constitutes ‘actual occupation’ has troubled the judiciary and hence demonstrates the possibility for a confused purchaser. Lord Denning argued in National Provincial Bank Ltd v Ainsworth54 that the wife had ‘a deserted wife’s equity’, but this claim was rejected as a purely personal right to remain on the property wasn’t sufficient. Tee notes, “the juristic difficulties inherent in Ainsworth have been clearly revealed as succeeding judges…have adopted markedly differing attitudes” .55 Chokar v Chokar56 highlights that actual occupation is not always required, as long as evidence of occupation and intention to return are obvious, and Lloyds Bank v Rosset 57 and Malory Enterprises v Cheshire Homes58 blur occupation further, as Arden LJ summarises “what constitutes actual occupation of property depends on the nature and state of the property in question”. 59 Much concern has been raised regarding the possibility of overriding interests, such as actual occupation, forming during the ‘registration gap’. 60 The introduction of e-conveyancing has been a tumultuous transition for many and remains incomplete, but should ultimately rectify the ‘registration gap’. The Law Commission attested that “the public rightly seeks a more expeditious and much less stressful system of dealing with land” 61 and e-conveyancing is seen as the reform to achieve this and eliminate the current onus upon a physical inspection. Bogusz explains that this is because, “the move towards e-conveyancing, will undoubtedly facilitate the elimination of overriding interests.” 62 Capps claims, “the aims of e-conveyancing are quite clear” 63 and Howell argues, “legal and equitable interests still presently have a life of their own outside any registration system, under e-conveyancing they may not.” 64 Mason and Bohm disagree about the practical implications of an electronic system, especially regarding the signature “and the nature of assurance that it is accessible only to its owner”. 65 When considering the future, this essay is doubtful whether e-conveyancing will become a reality. Bogusz states “the Labour Government… focus[ed] on the concept of modernising the state”.66 However, with the process currently ‘on hold’, the country in economic stagnation 67 and the Labour party no longer in government, arguably modernising conveyancing is no longer high on the

political agenda, affordable or practical. Therefore overriding interests will indefinitely remain a ‘crack’ in the mirror principle and a hindrance to purchasers. To conclude, a physical inspection is essential in unregistered conveyancing, in order to avoid constructive notice, which, despite suggestions, has not eroded significantly enough to undermine an inspection’s importance. With regards to registered conveyancing, Dixon believes the LRA 2002 is “of monumental importance and monumental effort”.68 Cooke disagrees, labelling it “a big disappointment”,69 due to its preservation of overriding interests, which results in “the mirror tell[ing] the truth, but not the whole truth.” 70 This essay favours Cooke’s analysis because, by conserving overriding interests, at least until e-conveyancing materialises in the future, the Law Commission’s “fundamental objective” 71 has not been achieved and Jackson notes, “the concomitant of this is a high level of inspection imposed upon purchasers”.72 Therefore, a physical inspection prior to purchase has arguably only increased in importance with the passage of the LRA 2002. However, it must be acknowledged that the Law Commission saw overriding interests as its “major obstacle” 73 to reform and considered a complete abolition of such interests, concluding it neither practical nor desirable, especially as such an action might contravene Article 1 of the ECHR. 74 , 75 Endnotes 1 Harpum, C, Bridge, S, Dixon, M (2004) Megarry and Wade: The Law of Real Property. Sweet & Maxwell 7th(ed) Pg254. 2 Dixon, M (2012) Modern Land Law. Routledge 8th(ed) Pg 31. 3 Law commission, HM Land Registry (2001) Land Registration for the Twenty-first century. A Conveyancing Revolution. London: The Stationery Office. LawCom No271 para 1.5 4 ‘Let the buyer beware’: the general principle that the onus is on the purchaser to investigate the land he is acquiring; failure to do so, or negligence in doing so, will leave the purchaser without redress from the seller for anything he subsequently discovers. 5 Williams and Glyn’s Bank v Boland [1981] ac 487 at 507 6 Dixon, M (2012) Modern Land Law. Routledge 8th(ed) Pg19. 7 Mackenzie, J, Phillips, M (2012) Textbook on Land Law. OUP 14th(ed) Pg77. 8 Gray, K, Gray, S (2009) Elements of Land Law. OUP 5th(ed) Pg1155. 9 Equitable rights are distinct from legal rights, such as a beneficiary’s interest under a trust or a restrictive covenant. 10 A purchaser will not be bound by any existing equitable rights over the land if he acquires a legal estate for value in good faith and without notice. In other words, an existing equitable right over land would be binding on a purchaser where, for example, the purchaser received the land by will or as a gift (i.e. not for value), where he acted in bad faith or where the purchaser had notice of the equitable right- either he actually knew of it (actual notice) or knew of the circumstances from which a reasonable person would have been aware of its existence (constructive notice) (Hunt v Luck) (or his agent/solicitor had actual or constructive (imputed) notice) 11 Vaughan Williams LJ in Hunt v Luck [1902] 1 Ch 428 12 Ibid. 13 Law of Property Act [1925] s.199 14 James LJ in Pilcher v Rawlins [1872] 7 CH App259 15 Wilkes v Spooner [1911] 2 KB 473 16 Purchas LJ in Kemmis v Kemmis [1988] 1 WLR 1307 17 Mackenzie, J, Phillips, M (2012) Textbook on Land Law. OUP 14th(ed) Pg78. 18 Pottage (1995) “The Originality of Registration” 15 O.J.L.S. 371 at pp.396-400. 19 Ibid at p.399. 20 Law of Property Act [1925] 21 Trust of Land and Appointment of Trustees Act [1996] 22 Land Charges Act [1972] 23 Midland bank trust co. ltd v Green [1981] AC 513 24 Mackenzie, J, Phillips, M (2012) Textbook on Land Law. OUP 14th(ed) Pg75. 25 Land Registration Act [1925] 26 Dixon, M (2012) Modern Land Law. Routledge 8th(ed) Pg19. 27 Dixon, M (2003) The reform of Property Law and the Land Registration Act 2002: a risk assessment. Conv Mar/Apr. Pg 2.

28 Omar, P (2006) Equitable interests and the secured creditor: determining priorities. Conv Nov/Dec. Pg 4 29 Sargant J in Yandle & Sons v Sutton [1922] 2.Ch. 199 at p.210 30 Law commission, HM Land Registry (2001) Land Registration for the Twenty-first century. A Conveyancing Revolution. London: The Stationery Office. LawCom No271 para 1.5 31 Land Registration Act [2002] Schedule 3 Paragraph 2 32 Law commission, HM Land Registry (2001) Land Registration for the Twenty-first century. A Conveyancing Revolution. London: The Stationery Office. LawCom No271 para 1.5 33 Burn, E, Cartwright, J (2009) Maudsley and Burn’s Land Law Cases and Materials. OUP 9th(ed) Pg.122 34 Land Registration Act [1925 35 Ibid. section 70(1)(c) 36 Aston Cantlow v Wallbank [2001] EWCA Civ 713 37 Dixon, M (2003) The reform of Property Law and the Land Registration Act 2002: a risk assessment. Conv Mar/Apr. Pg 4. 38 There is no one legal definition of ‘actual occupation’, and what constitutes actual occupation will depend upon the individual circumstances. Basically, it means that the occupiers must permanently live in the property themselves, or permanently occupy the property in some other way. 39 Harpum, C, Bridge, S, Dixon, M (2004) Megarry and Wade: The Law of Real Property. Sweet & Maxwell 7th(ed) Pg202. 40 Dixon, M (2003) The reform of Property Law and the Land Registration Act 2002: a risk assessment. Conv Mar/Apr. Pg 2. 41 Ibid. 42 Land Registration Act [2002] Schedule 3 Paragraph 2 43 Ferrihurst Ltd v Wallcite Ltd [1998] CA 30 44 Hill, J (2000) Overriding Interests: Occupation of part of the land. 63 Mod. L. Rev 118 45 Jackson, N (2003) Title by registration and concealed overriding interests: the cause and effect of antipathy to documentary proof. LQR 119(oct) Pg7. 46 Lord Wilberforce in Williams & Glyn’s Bank Ltd v Boland [1980] 2 All ER 408 47 Lewison J in Thompson v Foy [2009] EWHC 1076 (Ch) ;[2010] 1. P & C R 16 48 Ibid 49 Bogusz, B (2011) Defining the scope of actual occupation under the LRA 2002: some recent judicial clarification. Conveyancer and Property Lawyer. Pg7 50 The individual to whom the property is conveyed. 51 Ibid. 52 Abbey National Building Society v Cann [1991] 1 AC 56. 53 Strand Securities Ltd v Caswell & Another [1965} EWCA Civ 1 54 National Provincial Bank Ltd v Ainsworth [1965] UKHL 1 55 Tee, L, (1998) The Rights of Every Person in Actual Occupation: An Enquiry into Section 70(1)(g) of the Land Registration Act 1925. Pg 330 56 Chokar v Chokar [1984] FLR 313 57 Lloyds Bank plc v Rosset [1990] UKHL 14 58 Malory Enterprises Ltd v Cheshire Homes (UK) Ltd and others [2002] All ER (D) 319 59 Arden LJ in Malory Enterprises Ltd v Cheshire Homes (UK) Ltd and others [2002] All ER (D) 319 60 This term refers to the ‘gap’ between completion (seen by many as the last stage in the conveyancing process, when the monies are transferred) and the buyer becoming the legal owner. Often, formalities require land to be registered at the Land Registry after completion and, until this happens, legal title cannot pass, thus forming a ‘registration gap’. 61 Law commission report no254. Paragraph 1.4 62 Bogusz, B (2002) Bringing Land Registration into the Twenty-First Century – The Land Registration Act 2002. Pg558. 63 Capps, D, [2002] Conveyancing in the 21st Century: An outline of Electronic Conveyancing and Electronic Signatures. Conv 443 64 Howell, J (2006) Land Law in an e-conveyancing world Conveyancer and Property lawyer. Pg1 65 Mason, S, Bohm, N, (2003) The signature in electronic conveyancing an unresolved issue? 67 Conv 460. 66 Bogusz, B (2002) Bringing Land Registration into the Twenty-First Century – The Land Registration Act 2002. Pg565. 67 68 Dixon, M (2003) The reform of Property Law and the Land Registration Act 2002: a risk assessment. Conv Mar/Apr. Pg 1. 69 Cooke, E (2012) Land Law OUP 2nd(ed) Pg55 70 Ibid. 71 Law commission, HM Land Registry (2001) Land Registration for the Twenty-first century. A Conveyancing Revolution. London: The Stationery Office. LawCom No271 para 1.5 72 Jackson, N (2003) Title by registration and concealed overriding interests: the cause and effect of antipathy to documentary proof. LQR 119(oct) Pg5. 73 Law Commission Report No254. 74 European Convention on Human Rights.


75 Article 1 pertains to the obligation to respect human rights- the rights and freedoms defined in Section 1 of the Convention.

Bibliography Cases Hunt v Luck [1902] 1 Ch 428 Williams and Glyn’s Bank v Boland [1981] ac 487 Pilcher v Rawlins [1872] 7 CH App259 Wilkes v Spooner [1911] 2 KB 473 Kemmis v Kemmis [1988] 1 WLR 1307 Midland bank trust co. ltd v Green [1981] AC 513 Yandle & Sons v Sutton [1922] 2.Ch. 199 Aston Cantlow v Wallbank [2001] EWCA Civ 713 Ferrihurst Ltd v Wallcite Ltd [1998] CA 30 Thompson v Foy [2009] EWHC 1076 (Ch) ;[2010] 1. P & C R 16 Abbey National Building Society v Cann [1991] 1 AC 56. Strand Securities Ltd v Caswell & Another [1965} EWCA Civ 1 National Provincial Bank Ltd v Ainsworth [1965] UKHL 1 Chokar v Chokar [1984] FLR 313 Lloyds Bank plc v Rosset [1990] UKHL 14 Malory Enterprises Ltd v Cheshire Homes (UK) Ltd and others [2002] All ER (D) 319 Journal Articles and Reports Law commission, HM Land Registry (2001) Land Registration for the Twenty-first century. A Conveyancing Revolution. London: The Stationery Office. LawCom No271 LawCom No254 – Law Commission report. Pottage (1995) “The Originality of Registration” 15 O.J.L.S. 371 Dixon, M (2003) The reform of Property Law and the Land Registration Act 2002: a risk assessment. Conv Mar/Apr. Omar, P (2006) Equitable interests and the secured creditor: determining priorities. Conv Nov/ Dec. Hill, J (2000) Overriding Interests: Occupation of part of the land. 63 Mod. L. Rev 118 Jackson, N (2003) Title by registration and concealed overriding in terests: the cause and effect of antipathy to documentary proof. LQR 119(oct) Bogusz, B (2011) Defining the scope of actual occupation under the LRA 2002: some recent judicial clarification. Conveyancer and Property Lawyer. Tee, L, (1998) The Rights of Every Person in Actual Occupation: An Enquiry into Section 70(1) (g) of the Land Registration Act 1925 Bogusz, B (2002) Bringing Land Registration into the Twenty-First Century – The Land Registration Act 2002 Capps, D, [2002] Conveyancing in the 21st Century: An outline of Electronic Conveyancing and Electronic Signatures. Conv 443 Howell, J (2006) Land Law in an e-conveyancing world Conveyancer and Property lawyer. Mason, S, Bohm, N, (2003) The signature in electronic conveyancing an unresolved issue? 67 Conv 460.

Legislation Law of Property Act 1925 Land Registration Act 1925 Land Charges Act 1972 Trust of Land and Appointment of Trustees Act 1996 Land Registration Act 2002 European Convention on Human Rights Books Cooke, E (2012) Land Law OUP 2nd(ed) Harpum, C, Bridge, S, Dixon, M (2004) Megarry and Wade: The Law of Real Property. Sweet & Maxwell 7th(ed) Burn, E, Cartwright, J (2009) Maudsley and Burn’s Land Law Cases and Materials. OUP 9th(ed) Dixon, M (2012) Modern Land Law. Routledge 8th(ed) Mackenzie, J, Phillips, M (2012) Textbook on Land Law. OUP 14th(ed) Pg77. Gray, K, Gray, S (2009) Elements of Land Law. OUP 5th(ed)




N ote


Shalom - Salaam - I’m Harry, the editor for Middle East Studies at The Undergraduate. I believe that understanding of this complex region is key to an awareness of some of the most pertinent and relevant issues in the modern world. Read the news, talk to people, travel, and I challenge you not to come across it in current affairs. Explore it in depth, and with an open mind, and you find more than the common media stereotypes of dictators, oil, anti-Semitism, and falafels. Most importantly, this field of study is about real people and their evolving place in the world. The Undergraduate’s interdisciplinary outlook is perfectly suited to the multifaceted nature of this field of study: whether in terms historical, economic, political or philosophical, there is always something to argue - and always a falafel to eat!


is islamic feminism possible ? Fred Puckle-Hobbs

Note: this essay was written just after the Arab Spring began in early 2011, which accounts for the exclusion of the debate which has surfaced as a result of the Middle Eastern upheaval of new civil society movements which focus on the worsening harassment situation in Egypt and the plight of women in Syria.

To those less familiar with Islam, coverage in the media of high profile regimes such as the Taliban in Afghanistan, the Islamic Republic of Iran and Wahhabi Saudi Arabia may have painted a picture of an unbendingly conservative religion, especially with respect to its treatment of women, subjugating them economically, socially and politically. It might surprise such observers that feminism within Islam does exist and that it raises questions about Muslims’ understanding of the religion as a whole.1 It is vital to define Islamic feminism not as the external delivery of secular feminist ideals to Islamic communities, but a movement heavily intertwined with Qur’anic hermeneutics and interpretation of hadith.* Whilst modernist Islamic feminist writers may find it difficult to compete with the legitimacy of entrenched traditional interpretations, many have at least put forward credible alternatives that support more liberal ideas. Despite this, it is also important to bear in mind the influence of secular feminism in promoting these same ideas, particularly in the context of contact with Western socio-economic forces. Evidence from across the world suggests that it is the substantive issues raised in these points of contact, such as literacy and employment, which Muslim women believe to be more intellectually significant at present.2 It is certainly true that Islamic feminists have, in recent decades, increasingly been able to interpret passages in the Qur’an in a more egalitarian fashion, their central argument being that the Qur’an, understood correctly, cannot be discriminatory. Amina Wadud, choosing to bracket off hadith, focuses all her attention on this task and argues against misogynistic

interpretations of a number of key passages. Her initial analysis in Qur’an and Women (1999) demonstrates the Qur’an’s language to be fundamentally egalitarian in the creation chapters, simultaneously highlighting ethical equality among men and women as ethical agents. Later she specifically targets more problematic passages, such as Sura 4: aya 34, arguing that, contrary to established belief, it does not entirely subjugate women but promote marital harmony and equal responsibility, by checking domestic violence.3 Others have had success with passages concerning dress, including the question of hijab, which, whilst only mentioned twice with regards to women, and of those only once to segregation from men, has become a key symbol of female repression in Islam. Sura 33: aya 53, which demands that the Prophet’s wives be addressed from behind a screen,4 has long been interpreted by conservatives as applicable to all women, universalising on the basis that what’s asked of the Prophet’s would, a “Islamic Female” by coolfundam3ntalist -© CC: BY-NC-SA (2011). wives 5 fortiori, be asked of those less pious. Modernists disagree with this interpretation and, as is often their strategy, restrict it to the context in which it is presented. In this case, they also cite further verse, namely Sura 24: ayat 30-31, which enjoins equal modesty on men and women in their dress.6 Despite the fact that more passages in the Qur’an do seem to address to women when referring to modesty, this should not imply inferiority. Al-Qiffal suggested that such measures were intended to provide greater security for women, noting that early Islamic women could mix unveiled with men. Nevertheless, veiling has gradually brought about the de-sexualisation of women that

Brown, Daniel W., A New Introduction To Islam, (Chichester: Wiley-Blackwell, 2009), 294. Ruthven, Malise, Islam in the World, (London: Granta Books, 2006), 401. 3 Brown, A New Introduction to Islam, 296. 4 Abdel Haleem, Muhammad A. S., The Qur’an: A New Translation, (Oxford: Oxford University Press, 2004), 270. 5 Ruthven, Islam in the World, 159 6 Abdel Haleem, The Qur’an: A New Translation, 222. *Hadith: the sayings of Muhammad 1 2


has come to characterise large parts of public Islamic society.7 Other modernists have chosen to directly criticise hadith literature, describing it as alien to the Prophet’s own actions and a reflection of misogynistic tradition. Fatima Mernissi attempts to absolve the Prophet by stating that his treatment of women is so positive that hadith evidence against him simply has to be treated as a fabrication, blaming in particular a particular transmitter, Abu Hurayra, or that its context must have been misunderstood.8 Other writers employing the same tactics refer to the restrictive interpretations of hadith by the early madhahib. Examples include reduction of the required maintanence level for a divorced wife during her ‘idda period from that which she expected before the divorce to mere subsistence level. Provision for the talaq divorce declarations to be given simultaneously also developed, thereby allowing circumvention of the rules of polygyny. 9 However, the viewpoints of Wadud, Mernissi and those like them have obvious flaws. Firstly, the most difficult Qur’anic verses are often ignored and when the provenance of statements permitting polygyny and domestic violence is the word of God, it is very difficult to argue against their universality. Secondly, criticism of hadith results in the less than satisfactory conclusion that the Islamic community was very quick to forget the Prophet’s teaching; Mernissi’s methods therefore often end up mirroring those of Islamists and rarely hold water with those familiar with the Islamic intellectual tradition. Both of these problems are also further exacerbated by their marginalisation of Islam’s hermeneutical tradition. In contrast, Khalid Abou El Fadl seeks to analyse the exegetical tradition in its entirety in order to form the basis of a more general foundation for Islamic feminist discourse. In Speaking in God’s Name: Islamic Law, Authority and Women (2001), he hypothesises that God’s will is not in the individual positive commandment, but the process of interpretation itself, therefore implying that the Qur’an and sunna* are “open texts” and that Islam as a whole is therefore constantly evolving and adapting as the community continues to interpret it.10 Taking conservative and liberal viewpoints into consideration, it becomes clear the Qur’an can be seen as two texts simultaneously, the first unending and unchanging, and the second fluid and open to interpretation. This presents a problem to feminists as the misogynist and patriarchal will always be able to find legitimacy by corrupting its interpretation, typified by the way in which Islamic law developed in the centuries immediately

following the revelation.11 Whilst by the same token, Islamic feminists should be able to find their own legitimacy from the same source, over a thousand years of intellectual tradition rooted in a time when patriarchy was the norm across the entire world: this will always present a severe obstacle - somewhat reducing the effectiveness of Islamic feminisim in promoting women’s rights. Conversely, secular feminism is responsible for a large proportion of the successful progress made by Muslim women who have come into contact with liberal and pluralist ideas as Islam has spread across the world. In the United States in particular, Muslim women face no de jure obstacles to equality and those considered de facto are rapidly disappearing. This set of circumstances was famously solidified in its relevance to Islam by Amina Wadud’s actions on 18th March 2005, when she led about 125 Muslim men and women in Friday prayers at Cathedral of St. John the Divine in Manhattan. Whilst there was a vigorous backlash from the Muslim community, traditionalists across the United States soon became aware that activists could use the American legal system and media to their advantage, and that it would be increasingly difficult to defend a conservative view of women’s rights.12 Moreover, it pushed into the public eye a view promoted by Afsaneh Najmabandi in Iran earlier in the 1990’s that gender discrimination is socially motivated, not of a natural or divine origin, and that it could be overturned, even in a religious context.13 This has resulted in the development of active women’s movements across the Muslim world, but not necessarily alien to it, achieving different degrees of success depending on their area of operation. Unlike Islamic feminists focused on interpretation, these groups tend to address the issues of high employment, low literacy and massive fertility. Statistics from the 1990 show that in Egypt, there were only 76 females for every 100 males in secondary education, and only four more females per 100 males in primary education. Similarly, 51% of women in Iraq and Libya were illiterate, as were 86% of those in Somalia. In terms of employment, the highest proportion of women in the workplace in the late 1980’s was Bahrain at 19.1%; the lowest was Algeria at 4.4.14 In the years since, these figures have risen in many majority Muslim states and women now enjoy comparative equality. Yet in Iran, female employment decreases by 2 percent every year because of clerical pressure. In Afghanistan, the Taliban’s oppressive regime was only overthrown as a

Ruthven, Islam in the World, 160. Brown, Introduction to Islam, 295. 9 Ruthven, Islam in the World, 157. 10 Brown, Introduction to Islam, 295-297 11 Yamani, Mai, ed., Feminism and Islam: Legal and Literary Perspectives, (Reading: Ithaca Press, Garnett Publishing, 1996), 83. 12 Brown, Introduction to Islam, 294 13 Theresa Saliba, Carolyn A. Allen and Judith A. Howard, ed., Gender, Politics and Islam, (Chicago: The University of Chicago Press, 2002), 24. 14 Yamani, Feminism and Islam, p. 71. *Sunna: the traditional portion of Muslim law based on Muhammad’s words or acts, accepted (together with the Koran) as authoritative by Muslims and followed particularly by Sunni Muslims 37 7 8

by-product of the West’s War on Terror. In Saudi Arabia, women cannot drive themselves to work15 or occupy the same room as a male outside their family and are forced to stay in their homes at the behest of their husbands.16 The common factor between these regimes is that their laws were and, in the case of all but Afghanistan, still are based on the strict interpretations of the shari’a.* Whilst other more relaxed schools of Islamic law may have made concessions and adaptations with regards to property and legal issues, these have not. Whilst women are now entitled to equal inheritance to men elsewhere, in Saudi Arabia, women are still only entitled to the traditional half. Saudi Arabian law also still follows the traditional principle that a woman’s legal testimony is only worth half that of a man, universalised from a single passage in the Qur’an 17 - this can has fatal consequences for rape victims who are charged with adultery if they fail to provide enough male witnesses. This form of entrenchment creates a parallel with the problems faced by Islamic feminists practising hermeneutics; religious justification to the contrary, though often false, is too established for these women’s groups to make serious progress. Worse still, in some cases, the justification that Islam provides can be applied to pre-existing misogynistic customary laws in a nation or region, solidifying the inferiority of women. In Indonesia for example, the rules surrounding polygyny are less comprehensive, especially with respect to the demand for separate housing for each wife that a man may marry. Instead of gaining security, subsequent wives may end up becoming unpaid servants to the first.18 Observers would most likely consider this a regression, and there have been major efforts in recent years to tighten up the polygamy laws in the country.19 In conclusion, whilst it is clear that feminism, both secular and Islamic, has had an effect on the status of women across the Muslim world, one should not underestimate the task its proponents face. Writers such as Wadud, Mernissi and El Fadl have made progress in their attempts to interpret the Qur’an for liberation, but certain difficult passages and failure to analyse scripture and hadith in tandem still present serious obstacles. Their ideas also lack the weight present behind secular feminism, borne out of its success across the Western world and must be considered, at least for the time being, as less significant from an intellectual and practical point of view. Yet, for all the success of secular feminism in penetrating certain nations and regions and improving the rights of women there, mistrust of ideals originating from principles alien to Islam has resulted in

their rejection as another example of cultural imperialism. This is demonstrated by opposition against non-governmental organisations that, whilst seeking to provide aid and development, end up branded as cultural adversaries, attracting violence from Islamist groups.20 Furthermore, a great number of women reject external feminist ideals totally, wishing to utilise Islamic traditions, such as veiling, to distance themselves from Western cultural symbolism, often branded as ‘sexploitation’. This grants women access to public places without threatening the honour of men, giving them security and, in a sense, improving their rights by submitting to Islamic principles.21 But, as discussed before, this has had the inevitable effect of de-sexualising and worsening the position of women in the long run. Whilst not empirically anti-feminist, the effectiveness of such tactics should be contrasted with that of women’s movements addressing secular feminist issues. Finally, it is important to note that, for some women at least, feminism simply isn’t relevant. Some are happy to remain in comfort, focused on the family and obeying God’s demands to watch over the domain of her husband in his absence.22 Herein lies the real conclusion, that the very plurality that makes discourse concerning the issue of women’s rights both necessary and urgent, should also act as a guard against interfering in the lives of women whose position has been improved as a result of the laws of Islam, as was their original uncorrupted intention. WORKS CITED Abdel Haleem, Muhammad A. S., The Qur’an: A New Translation, Oxford: Oxford University Press, 2004. Al-Hassan Golley, Nawar, “Is Feminism Relevant to Arab Women?”, Third World Quarterly, Vol. 25, No. 3 (2004): 521-536, URL: Brown, Daniel W., A New Introduction To Islam, Chichester: Wiley-Blackwell, 2009. Hashim, Iman, “Reconciling Islam and feminism”, Gender and Development, Vol. 7, No. 1 (Mar., 1999): 7-14, URL: Lloyd-Roberts, Sue, “The Saudi women taking small steps for change”, BBC Newsnight, accessed 28th March 2011, URL: Ruthven, Malise, Islam in the World, London: Granta Books, 2006. Saliba, Theresa Carolyn A. Allen and Judith A. Howard, ed., Gender, Politics and Islam, Chicago: The University of Chicago Press, 2002. Webster, Christine, “Indonesian women lobby for polygamy ban”, ABC News, 23rd April 2008, accessed 3rd January 2014. URL: Yamani, Mai, ed., Feminism and Islam: Legal and Literary Perspectives, Reading: Ithaca Press,

21 Lloyd-Roberts, “The Saudi women taking small steps for change”, BBC Newsnight, Nawar Al-Hassan Golley, “Is Feminism Relevant to Arab Women?”, Third World accessed 28th March 2011. Quarterly, Vol. 25, No. 3 (2004), p. 528. 15 22 Ruthven, Islam in the World, 399. Lloyd-Roberts, “The Saudi women taking small steps for change”. 17 Abdel Haleem, The Qur’an: A New Translation, xxv and 32. 18 Ruthven, Islam in the World, 158. 19 Webster, Christine. “Indonesian women lobby for polygamy ban”, ABC News, 23rd April 2008. 20 Iman Hashim, “Reconciling Islam and feminism”, Gender and Development, Vol. 7, No. 1 (Mar., 1999), p. 8. 38 16



N ote


That you are reading this means our lovely journal, into which a group of twelve undergraduates here at the University of Exeter have put in so much work, has finally been published. It seems a long time ago that the team met for our first meeting in September, and even longer that I had my interview with the lovely Cherrie back in August - and rightly so. We have achieved so much in this space of time! The brain child of Cameron, our president, has now become a reality and our readers have done so much to aid this. You’ve all been great reading and interacting with our articles, giving us encouragement to keep working towards our first ever edition of The Undergraduate.

is a an important factor for me in feeling an affinity with the journal, as this implies accessibility for all - this journal is not a show of academia for the walking talking human dictionary, it is not pretentious or exclusive, but focuses on selecting essays that whilst being brilliantly written and original, are readable for all students across subject areas. We received many more submissions than I imagined we would, (especially considering this is our first edition) and they were all of an incredible standard, which made it genuinely very hard to choose. However, in the end I selected this particular piece - an essay examining s e x ua l i t y i n t h e f r e n c h c o n t e fa n ta s t i q u e . It was the clarity and strength of argument in this submission that really caught my attention and made it so enjoyable to read - a compelling and a truly thorough approach to the question given. I hope you all enjoy reading this original and brilliantly written piece as much as I did.

I myself am a second-year Modern Languages student studying Spanish, Portuguese and Japanese. I wanted to work on this publication because I loved the idea of giving undergrads the recognition they deserve for all their hard work and incredible intellect. I feel that the key ‘interdisciplinary’ approach 39

sexuality in the french conte fantastique Gilbert Harrold

period and arguably being one of the sources from whence came the genre’s success. As postulated by Cummiskey, readers of the contes fantastiques had expectations and suppositions about what they were to encounter.5 He credits these expectations for the most part to E.T.A. Hoffmann’s Fantasiestücke, which predate the first period by around a decade; however, certain other critics attribute Hoffmann’s influence in turn to Cazotte, who predates both Hoffmann and the first period by nigh on fifty years. Castex refers to Cazotte as “le veritable créateur… du conte fantastique français”6 (the father… of the French fantastic short story), whilst Winkler goes so far as to investigate in depth the influence Cazotte’s Le Diable Amoureux had “Stage Museum 2010, saggio finale Le Diable Amoureux” by fotografodiscena © CC: BY-NC-SA (2010). on Hoffmann’s Der Elementargeist.7 As can be de“ duced, with Le Diable Amoureux Cazotte had arguably founded a Je t’aimais… Tu étais mon rêve”1 (I loved thee… Thou wast my dream) base for the fantastic genre, thus it is almost to be expected that The conte fantastique, or fantastic short story, enjoyed Gautier’s La Morte Amoureuse share similar features. Indeed, two periods of relative success in France.2 The first, dating one has to only look at the titles of the two contes to notice from 1830 – 1840, falls conclusively within the French Roman- similarities. In analysing the implications of the title quotation, tic Movement, and it is from here that many of the authors of Cazotte’s prominence in defining and influencing the genre must the contes, including Théophile Gautier, drew their inspiration.3 be kept in mind. In Le Diable Amoureux, the fantastic is used as With the rise of the individual and subjectivity precipitated by a medium through which to portray issues of sexuality; though democracy post 1789, Romanticism was a shift away from the published half a century later, the same can be said of La Morte preceding Classical era. Concepts and ideologies previously Amoureuse. held as unquestionable were challenged in the light of social Several questions are insinuated by the title quotation and industrial progress, and with the focus on the individual came the importance of one’s perspective. What do we perceive that, “the conte fantastique is a primarily masculine genre, conto be real, and how do these perceptions differ from reality? cerned as it is with expressing male anxieties about female sexuIf our past assumptions have been proven incorrect, what are ality”. Firstly, does this statement imply that the conte fantastique the implications of this on our current beliefs? Throughout this as a genre is concerned fundamentally with sexuality? Secondly, period there was “an infatuation with mystery”,4 and the con- and following on from the first question, are male characters in te fantastique with its juxtaposition of naturel and surnaturel the fantastic genuinely portrayed as having anxieties over fe(natural and supernatural) was a manifestation of this; the con- male sexuality, and if so, why? Is it indeed a primarily masculine flict between irrational occurrences and rational explanations, genre? Finally, the statement begs the question of how the use deliberate confusion between what is real and what is not, all of the fantastic facilitates the inclusion of sexuality. comes together to play on the innate human fear of the unIn the chosen contes, women do indeed play a strong known. The second period, dating from roughly 1875 – 1900, coincides with a paradoxical lamentation of the triggers of the sexual role. In La Morte Amoureuse we have the figure of Clarfirst period; the advances of science, and the elimination of imonde, the seductive vampire courtesan who appears before mystery. The chosen contes however are more relevant to the Romuald at the very moment at which he is to be ordained. As first period of the 1830s, consisting of La Morte Amoureuse, their eyes meet for the first time, Romuald describes his emopublished in 1836, and Le Diable Amoureux, predating the first tions, “J’éprouvai la sensation d’un aveugle qui recouvrerait Gautier, Théophile, Contes et Récits fantastiques; La Morte Amoureuse, (Malesherbes: Le Livre de Poche, 2010) p. 94 2 Cummiskey, Gary, The Changing Face of Horror – A Study of the Nineteenth-century French Fantastic Short Story, (New York: Peter Lang Publishing, 1992) p. 1 3 Gautier was renowned as one of the Frenetic Romantics, and was influenced considerably by Victor Hugo, whom he had met personally. 4 Cummiskey. The Changing Face of Horror. (1992) p. 3 5 ibid., p. 1

Castex, Pierre-Georges, Le Conte Fantastique en France de Nodier à Maupassant, (Paris: Corti, 1951) p. 25 7 See: Winkler, Marcus, Cazotte lu par E.T.A. Hoffmann – Du Diable amoureux à Der Elementargeist, Internationale Zeitschrift für Literaturwissenschaft, vol. 23, issue 2 (2009) pp. 113-132 < arca.1988.23.2.113.xml>, accessed 25/3/2012.




sur ce fond d’ombre comme une révélation angélique”8 (I felt like a blind man who had suddenly regained his sight… The charming creature stood out from the darkness like some angelic revelation). From this description, along with the inauspicious moment at which it is given, the reader can deduce that the appearance of this woman can only result in a conflict. There is the juxtaposition of the chaste priest and the sexually attractive woman, and the clash between one’s duty and one’s desires. From the outset, Clarimonde is portrayed in an alluring and seductive light, and this only emphasises her sexual role. When she first appears she is wearing “une robe de velours nacarat”9 (a pale red velvet dress), symbolic of attraction and lust. Later in the conte, the way she speaks to Romuald is irresistibly enticing, “Ah ! c’est toi, Romuald… Je t’ai attendu si longtemps… je t’aime”10 (Ah! It is thou, Romuald… I waited so long for thee… I love thee), her voice described as “languissante et douce comme les dernières vibrations d’une harpe”11 (filled with longing and sweetness, like the last vibrations of a harp). There is no doubt then that Clarimonde is the embodiment of carnal desire, and, though beautiful, representative of the alleged evils of short-term satisfaction in all its guises. In Le Diable Amoureux, the figure of woman is disguised, yet is no less threatening. Manifested in the figure of Biondetta, the gender of the conjured spirit is unclear, appearing first as a demonic tête de chameau (a camel’s head), then as a chien (a dog), then as the pageboy, Biondetto. Alvare, the male protagonist, repeatedly confuses her gender, referring to her first as “il”, then “Biondetta”, and then “il” again.12 However, what is clear to Alvare is her beauty, and the first night they are together, by the light of the moon, he is unable to rid himself of these thoughts, “Le feu de ses regards si touchants, si doux… Cette bouche bien formée, si coloriée, si fraîche”13 (the fire in her eyes, so sweet, so moving… those perfectly formed lips, so coloured, so fresh). However, he remains troubled by her earlier appearance as the hideous tête de chameau, and cannot quite isolate the one from the other in his mind. As the story progresses, we see Alvare gradually become seduced by the apparition, and it is a recurring theme that, though he outwardly wishes her to be gone, a small part of him remains enticed and enchanted by the mysterious spirit. Through this, Biondetta achieves control over Alvare, who has, by boldly conjuring her, unwittingly brought about his own downfall; her feminine beauty, convincing appeal, and her crocodile “larmes aux yeux”14 (tears in her eyes), prove to eventually get the better of him.

What can thus be deduced is that the two contes are

Gautier, Théophile, Contes et Récits fantastiques; La Morte Amoureuse, (Malesherbes: Le Livre de Poche, 2010) p. 73 9 ibid., p. 74 10 ibid., p. 89 11 ibid., p. 89 12 Cazotte, Jacques, Le Diable Amoureux, (Saint-Amand (Cher): Éditions Gallimard, 1981) pp. 48-52 13 ibid., p. 52 14 ibid., p. 50 8

indeed strongly concerned with sexuality; this can be seen from the male protagonists’ amorous language and perceptions of their female counterparts. However, as regards the title quotation, it is impossible to argue this for the entire genre, concerned as we are with solely two fantastic stories. What can be said though, is that, as aforementioned, Cazotte was arguably the father of the conte fantastique, and in writing Le Diable Amoureux he had created a genre defining work. Thus, although the genre cannot be definitively defined as being fundamentally concerned with sexuality, one of its original templates can; the statement is therefore implicit. Having distinguished that both texts are concerned with sexuality, we can therefore examine in what guises it is presented. Common to both texts is the manner in which the woman, despite being objectified and seen as a figure of sexual desire, becomes the dominant figure. Romuald is left at the mercy of his desires and temptation, allowing the beautiful Clarimonde to convince him into denouncing his love for God in favour of her, “je ne craignis point pour la consoler… et de lui dire que je l’aimais autant que Dieu”15 (I did not fear to console her… and to tell her that I loved her as much as I did God), whilst Alvare is slowly tricked and seduced into the arms of his demonic servant. Could this unpropitious dominance be a manifestation of society’s opinion of the fairer sex at the time? The authors of the studied contes are of course male, and at the times of publication, 1772 and 1836, female authors were highly uncommon; it is therefore likely that there is some quantity of bias and prejudice present in the literature of the time. From the didactic aspects of the two contes, it is easy to see how the dominant female causes anxiety in the male. In both tales, she clearly leads the protagonist astray, tempting him away from his dutiful path. For Romuald, this dutiful path is represented by the Church, and his mentor, l’abbé Sérapion. “Mon fils, je dois vous en avertir, vous avez le pied levé sur un abîme… Satan a la griffe longue”16 (My son, I must warn you, you have one foot raised over the abyss… Satan’s claw is long); l’abbé Sérapion’s warnings to Romuald are plain. In Le Diable Amoureux, Alvare’s dutiful path is represented by the figure of his Mother, and even Soberano cautions him of the dangers of conjuring the spirits, “Vous avez le coeur chaud, mais si vous perdez la tête, s’ils vous effraient à certain point ?”17 (You have a strong heart, but if you lose your head, if they panic you enough?). The sexually attractive female is shown as a danger, and throughout the two contes is unscrupulously analogised to the devil. In Cazotte, the mere title ‘le diable amoureux’ gives this away; the desire of the reader to complete the story lies with his curiosity as to whether or not Gautier, Théophile, Contes et Récits fantastiques; La Morte Amoureuse, (Malesherbes: Le Livre de Poche, 2010) pp. 94-95 16 ibid., p. 92 17 Cazotte, Jacques, Le Diable Amoureux, (Saint-Amand (Cher): Éditions Gallimard, 1981) p. 37 15

Alvare succumbs to its charms. Through this, the reader is shown the sheer cunning of the devil, as it lures the male hero, trick by trick, into its embrace. In La Morte Amoureuse, we witness a similar seduction, with the virtuous and naïve Romuald wholly absorbed with his attraction for Clarimonde. As the story progresses and we learn more about her character, she becomes ever increasingly a figure of sin, the dead vampire courtesan who feeds from the life-blood of the priest. If the reader were in any doubt over the authors’ views on the female, it suffices to read the concluding paragraph of La Morte Amoureuse; “Ne regardez jamais une femme, et marchez toujours les yeux fixés en terre… il suffit d’une minute pour vous faire perdre l’éternité.”18 (Never gaze upon a woman, and walk always with your eyes fixed upon the ground… it takes but a moment for one to lose eternity). As we can thus see, the two contes do indeed address the male’s anxieties over female sexuality; the critic Andriano categorically states that “Biondetta is… an embodiment of the male protagonist’s fear of female sexuality”.19 Why do males have anxieties over female sexuality? Female sexuality and the dominance deriving from it is something that the male cannot control. In the contes fantastiques, sexual attraction is portrayed as a male weakness, a potential downfall that if not guarded against will strike even the most chaste and virtuous man. This fear of loss of control, this distrust towards women, is in a nutshell the male’s anxiety. Having ascertained these ideas, we can now examine how exactly the fantastic facilitates the inclusion of sexuality. It is a recurring idea throughout the genre that the fantastic is entered via the dream state. During the blurred period between wakefulness and sleep, the mind is open to other realities. Notably, much importance is placed in the setting of the chambre (the bedroom). In another of Gautier’s short stories, Le Pied de Momie, the narrator is transported from his bedroom to ancient Egypt; when he enters his room he describes how “une vague bouffée de parfum oriental me chatouilla delicatement l’appareil olfactif” 20 (a waft of some oriental scent gently tickled my nose). In La Cafetière, the narrator again describes his sensations upon entering his chambre, “la mienne était vaste ; je sentis, en y entrant, comme un frisson de fièvre… il me sembla que j’entrais dans un monde nouveau”21 (mine was huge; upon entering, I felt a shiver of excitement… it seemed to me as though I was entering into a new world). The importance of the chambre, and its representation as a gateway into the fantastic, returns to the idea of the dream, or nightmare. The idea of Gautier, Théophile, Contes et Récits fantastiques; La Morte Amoureuse, (Malesherbes: Le Livre de Poche, 2010) p. 104 19 Andriano, Joseph, Our Ladies of Darkness: feminine daemonology in male gothic fiction, (Pennsylvania: The Pennsylvania State University Press, 1993) p. 10 20 Gautier, Théophile, Contes et Récits fantastiques; La Morte Amoureuse, (Malesherbes: Le Livre de Poche, 2010) p. 224 21 ibid., p. 50 22 Maupassant, Guy de, Le Horla, (Manchecourt: Éditions Gallimard, 1986) p. 46 23 ibid., p. 47 18


the dream itself as a gateway is embedded so deeply within the genre that we can see it echoed half a century later in the second period of the fantastic. In Maupassant’s Le Horla, the protagonist, having fallen into “un sommeil épouvantable”22 (a ghastly sleep) awakes each night from a nightmare to find that someone has drunk from his carafe, “Elle était vide ! Elle était vide complètement ! … Mes mains tremblaient ! On avait donc bu cette eau ?”23 (It was empty! It was completely empty! My hands were shaking! So someone had drunk the water?). He senses the presence of a spirit, and during his nightmares has the sensation that someone, or rather ‘something’, is kneeling on his chest; “j’ai senti quelqu’un accroupi sur moi” 24 (I felt somebody crouching on me). The verisimilitude of the fantastic is frequently put into question by the authors by presenting its proof via a doubtful or questionable source, thus enhancing its effectiveness. In Mérimée’s La Vénus d’Ille, published a year after La Morte Amoureuse in 1837, the assertion of Alphonse, the male protagonist, that la vénus has closed her finger around his fiancée’s ring is dismissible as he is drunk. Later, the declaration of his newly-wed wife that the statue is responsible for his death is again left ambiguous, as she is diagnosed to be quite mad. In Le Pied de Momie, as the narrator enters his room, he describes to us his “cerveau marbré de quelques veines de gris de perle” 25 (senses dulled by several glasses of wine), and in Le Horla, the protagonist himself is unsure of his sanity, “Estce moi ? Qui serait-ce ? Qui ? Oh ! Mon Dieu ! Je deviens fou ?”26 (Is it me? Who could it be? Who? Oh! My God! Am I going crazy?). The question of sanity and the mind is closely linked of course to the dream; in his psychoanalytic study, On the Nightmare, Ernest Jones presents his basic thesis thus: “the malady known as Nightmare is always an expression of intense mental conflict…”27. How is the dream then relevant to female sexuality in the contes fantastiques? The history of terms for ‘nightmare’ can be traced back to the Greek ‘Ephialtes’, “a mythical figure, famous for his unusual strength and size”28. The word is connected with the Greek ‘ephallomai’, “to leap upon, assault” 29 and refers to an event in which the sleeper becomes aware of an asphyxiating weight upon his chest. This idea bears an uncanny resemblance to the experiences of the aforementioned narrator in Le Horla, and the idea of a ‘being’ pressing upon the chest of a sleeper is inherent in the modern day French word ‘cauchemar’, “composé pour le premier element, de la forme verbale cauche, de cauchier “presser” ”30 (the first part being formed from cauche, a conjugated form of the verb cauchier, meaning ‘to press’); Heinrich Füssli depicts such a scene in his ibid., p. 46 Gautier, Théophile, Contes et Récits fantastiques; La Morte Amoureuse, (Malesherbes: Le Livre de Poche, 2010) p. 224 26 Maupassant, Guy de, Le Horla, (Manchecourt: Éditions Gallimard, 1986) p. 48 27 Jones, Ernest, On the Nightmare, (London: The Hogarth Press, 1931) p. 44 28 Beekes, Robert, Etymological Dictionary of Greek, vol. 1 (Leiden; Boston: Brill, 2010) p. 487 29 ibid., ibid. 30 Trésor de la Langue Française : dictionnaire de la langue du XIXe et du XXe siècle (1789-1960) vol. 3, (Paris: Centre National de la Recherche Scientifique, 1971-94) 24 25

well-known painting ‘The Nightmare’.

osity for the elements of the fantastic which form the genre, but also as a curiosity for the mystery of woman, expressed through The Latin ‘incubus’, leading to the French ‘incube’, is the emerging liberalism of the Romantic Movement. the first etymological sign of an erotic or sexual connotation being given to the term of ‘nightmare’, and from this there slowly derives a sexual aspect. What is more suggestive than a female Bibliography demon lying on the chest of the unsuspecting male sleeper? The presence, therefore, of dreams and nightmares in the two chosen contes, and indeed throughout the genre, justifies the inclusion of sexuality. Let us return to Ernest Jones’ thesis on the nightmare; his full thesis reads, “the malady known as Nightmare is always an expression of intense mental conflict centring about some form of ‘repressed’ sexual desire.”31 We can thus see the link between later psychoanalytic works on the nightmare with the aspects examined and analysed in the contes fantastiques. The very notion of a demon physically pressing upon one’s chest signifies dominance on the part of the demon, and helplessness on the part of the sleeper; in the two contes, the woman is the dominant figure, and the helpless sleeper is the male hero. With religious principles and therefore social inference of nocturnal sexual activities being sinful, the nightmare was seen as a human weakness; one repressed carnal desires when conscious, and the inability to control one’s unconscious desires was a sign of vulnerability, of incompetence. This incompetence, and the anxiety experienced over it, is that described in the two contes. The male fears his incompetence, and he is only placed in its position by his sexual desires for the female. Female sexuality is therefore seen as potentially perilous. To conclude, we can see that the implications from the title quotation are many and varied; however, they can by and large be justified. Is the conte fantastique a primarily masculine genre? In the light of the authors’ implicit pejorative views on female sexuality, it is arguable that this is indeed the case. In both La Morte Amoureuse and Le Diable Amoureux, the reader sympathises with the male; perspective from the female characters in the contes is not given, rendering them mysterious, and conclusively harmful. In both stories, the female leads the male astray from his duties, distracting him from what is right and tempting him with short-term satisfaction. Is the genre concerned with expressing male anxieties about female sexuality? Again, from the texts we have examined, this is arguably the case. The pitfalls presented by the sexually attractive female are numerous and potentially harmful. The male thus has every right to have anxieties over female sexuality; it is in essence a conflict between his social conditioning and his instinctive desires. The “infatuation with mystery”32 with which the conte fantastique is so concerned can thus potentially be seen, not only as a curiJones, Ernest, On the Nightmare, (London: The Hogarth Press, 1931) p. 44 Cummiskey, Gary, The Changing Face of Horror – A Study of the Nineteenth-century French Fantastic Short Story, (New York: Peter Lang Publishing, 1992) p. 3 31 32


Primary Sources: Cazotte, Jacques, Le Diable Amoureux, (Saint-Amand (Cher): Éditions Gallimard, 1981)

Gautier, Théophile, Contes et Récits fantastiques; La Morte Amoureuse, (Malesherbes: Le Livre de Poche, 2010) Gautier, Théophile, Contes et Récits fantastiques; La Cafetière, (Malesherbes: Le Livre de Poche, 2010) Gautier, Théophile, Contes et Récits fantastiques; Le Pied de Momie, (Malesherbes: Le Livre de Poche, 2010) Maupassant, Guy de, Le Horla, (Manchecourt: Éditions Gallimard, 1986) Mérimée, Prosper, La Vénus d’Ille, (Tours: Larousse, 1991) Secondary Sources: Andriano, Joseph, Our Ladies of Darkness: feminine daemonology in male gothic fiction, (Pennsylvania: The Pennsylvania State University Press, 1993) Beekes, Robert, Etymological Dictionary of Greek, vol. 1 (Leiden; Boston: Brill, 2010) Castex, Pierre-Georges, Le Conte Fantastique en France de Nodier à Maupassant, (Paris: Corti, 1951) Cummiskey, Gary, The Changing Face of Horror – A Study of the Nineteenth-century French Fantastic Short Story, (New York: Peter Lang Publishing, 1992) Downing, Lisa, Desiring the Dead: necrophilia and nineteenth-century French literature, (Oxford: Legenda, 2003) Imbs, Paul, publié sous la direction de, Trésor de la Langue Française : dictionnaire de la langue du XIXe et du XXe siècle (1789-1960) vol. 3, (Paris: Centre National de la Recherche Scientifique, 1971-94) Jones, Ernest, On the Nightmare, (London: The Hogarth Press, 1931) Winkler, Marcus, Cazotte lu par E.T.A. Hoffmann – Du Diable amoureux à Der Elementargeist, Internationale Zeitschrift für Literaturwissenschaft, vol. 23, issue 2 (2009) pp. 113-132 < arca.1988.23.2.113/arca.1988.23.2.113.xml>, accessed 25/3/2012

THE EDITORIAL i s t h e m o n a r c h y i m p o rta n t f o r t h e



g o d s av e t h e q u e e n

In an increasingly meritocratic world, the idea of a hereditary head of state is unacceptable to many. Proposals for reforms that would strip the monarchy of its political and constitutional powers, such as royal assent to legislation, or the power to dissolve parliament in the UK and constitutional monarchies such as Canada and Australia, have been about for decades. Few doubt the need for a head of state serving as a check and balance in a parliamentary democracy - but why, they argue, does it have to be an unelected Queen?

West End. Collating this, the ‘Sovereign Grant’ can be seen as incentivising public facility improvements and investments through the profit-based grant. As government services are broadly criticised as being inefficient, the monarchy provides an additional means of efficiently spending taxpayers’ money to improve public services.

Brand Finance took the initiative to value the British Monarchy in the summer of 2012, treating it as a business and assessing its ‘market capitalisation value’, the value of the We doubt many would sympathise if we were to argue monarchy if it was to be sold to a private investor. This value that the Monarchy should remain because firstly, it is part of came up as £44.5 billion, including £26.4 billion from estimated our tradition. Not only does ‘tradition’ in this context have un- tourism and industry revenue. Recognising this, the amount we comfortable resonances with colonialisation, elitism and social pay as taxpayers is hardly a fraction of the value the monarchy divide, but by classifying ourselves as living in a ‘modern’ era, brings to the economy. we are inherently disowning our traditional past. However, our stance is this: that certain aspects of monarchical tradition are Figures alone cannot appreciate the value having a so imbued in our culture that divorcing the two would undermine royal family brings to our British heritage and patriotism. Without our political and social stability. Monarchy is not only part of our the monarchy, we would have to alter many parts of our lives culture, but it is our culture. that we take for granted such as our currency, laws and even the national anthem. We have lived with the monarchy for so long, it While we live in an era which allows for much more so- would do no benefit to lose what it currently adds to our lives. cial fluidity, at the same time there is still an element of mysticism around the royal family. The 2006 film The Queen starring Helen Far from being irrelevant, it is also important to reMirren testifies not only to what extent the public is fascinated by member that the monarchy’s apolitical brand projects a great the monarchy, but it also reinforces the concept of the monarchy deal of soft power on both the national consciousness, and the as a cultural icon, even when their mortality and very humanity international stage.The monarchy’s value as an institution lies is made evident. Perhaps we should consider that by becoming in its ability to command widespread respect, thereby bringthe subjects who capture our cinematic imagination, a dialectical ing attention to the excellence of individuals and of the nation situation emerges. The fact that we still base our culture around as a whole. Operating beyond the realm of party politics, the royalty suggests a fusion that cannot be so readily broken. If we monarchy adds value to the honours which it bestows, such as try to do away with the British Monarchy, we also risk losing a the Knighthood. In the United States, by contrast, the highest part of our cultural heritage, and a piece of ourselves. awards, such as the military Medal of Honour, are bestowed by the President - the same President that would have made a In addition, many would argue that the monarchy up- political and inevitably controversial decision to wage war. On the holds a vast wealth that is unsavoury to taxpaying citizens. Offi- other hand, royal patronage is a mark of distinction and a more cially, the monarchy cost £33.3 million for financial year 2012/131 universal point of pride for organizations and charities that work but some may argue that this figure excludes “round-the-clock hard to advance the nation and its common interests. security and lavish royal visits” which would bring the overall cost to over £200 million 2. On initial thoughts alone, it could be While politicians struggle to be representatives of a thought these funds could be best put to use elsewhere. Howev- very diverse land and its people, the monarchy is the embodier, what needs to be considered is the benefits, both monetary ment of the nation, the Queen its human face. Through the imand non-pecuniary, that having a history-rich monarchy brings possibility of true representation comes a certain sense of unity to the United Kingdom. through difference; the Royal Family is not like everyone else, nor should it be. The academic analysis and debate may rage As of April 2012, the amount granted by taxpayer re- on endlessly, but the figures speak for themselves. At home and vue to the monarchy became fixed at 15% of the Crown Estate abroad, the spectacle captivates millions. It may not represent earnings under a single annual ‘Sovereign Grant’. The Crown every Briton, but it is an image accessible to the world. Estate includes 12 miles of seabed, which has been involved in creating offshore wind farms, as well as retail parks in a number of cities including Liverpool and Swansea and large areas of the 44


g o d h a s b e t t e r t h i n g s to s av e Although the crown may now be solely of symbolic significance, having a hereditary monarchy compromises the concept of ‘democracy’ which the western world so prides itself on. It is an anachronistic feature of today’s society, not to mention a reminder of a sanguineous and despotic period of British history. Aside from perhaps the queen herself, the Royal Family largely consists of out-of-touch and over-privileged individuals, who contribute little to the public sphere – yet live off the public’s money. Rather than representing a romantic, idealistic, British way of life, they are a remnant of an archaic class system, and their existence only serves to maintain the social inequality which people, for centuries, have sought to abolish. The British people never had the chance to vote for or against a monarchy. The Sovereign is unessential to our government, and – having no real power – does not represent the stability rising above politics that many would claim. Arguments concerning a preference for an unelected head of state are very much redundant, since the Sovereign has minimal political power and does not exert it: the last time the Royal Veto was exercised was in 1708 by Queen Anne, in fear that a militia bill may cause the Scottish to rebel against the British. The Monarch is no longer of political importance, yet continues to enjoy many of the prerogatives of royalty. As of April 2012, the single Sovereign Grant has replaced the various other grants to pay for the Royal Family’s expenditure. This grant is financed by public money and the net expenditure of 2012-2013 was £33.3 million (Sovereign Grant Annual Report 2012-2013). Many monarchists have the misconception that the monarchy finances itself, which arises from a misunderstanding regarding who owns the royal buildings. The short answer is that – besides their inherited private properties – the royal family does not own the royal buildings and they would not become theirs in a republic: Historic Places – including the Tower of London and Hampton Court – are maintained by charities, and Occupied Residences – such as Windsor Castle and St. James Palace – are owned by the state. Whilst many believe that Crown Estates (the largest sources of income) were selflessly ‘surrendered’ to the government by the Royal Family, they have actually always been there to provide income for the government; it was purely the institution of the monarchy that surrendered these properties, simply reflecting that the business of government had moved from the palace to parliament. The Crown Estate ‘cannot be sold by the monarch, nor do revenues from it belong to the monarch.’ (,retrieved 23/12/13). Regarding income generated by tourism, it must be remembered that tourists come to see the buildings because of the history they possess and their incredible architecture, and would continue to do so should the monarchy be abolished. After all, hundreds of thou45




development of britain in the

sands of tourists still flock to the largely demolished Acropolis each year – and that’s not to listen to Socrates. Another tired, yet prominent, argument from the monarchists is that this feudal institution provides a balanced, non political moderating presence above party politics. This is clearly false. Any sound reading of history will show how the monarchy has manipulated politics itself for its own ends, whether that is through the “discretionary or arbitrary authority” (as elucidated by Dicey) of the anti democratic “royal prerogative”, or the less blatant and more deceptive influencing of ministers’ decision-making, as seen in Charles Windsor’s recent unpublished backroom chats with MPs. And here is an interesting case: remember that politician, Nick Clegg? He has suggested that the Queen’s Speech be scrapped, arguing that in 2009 it had been “hijacked” by Labour for “political ends”. This is in itself a nail in the coffin of the argument that the monarchy is an apolitical presence above party squabbles. And critically, this nail has come, not from extremists on the political fringes, but from those status quo-loving centrists!

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This is the first edition of University of Exeter's undergraduate academic journal. PRESIDENT: Cameron Ho EDITOR-IN-CHIEF: Cherrie Kwok...

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