The Lesson of the Owl and the Crows: The Role of Deception in the Evolution of the Environmental Statutes

In this world of strategies and counterstrategies, the advantages of the good fake are not to be overlooked. Fakery is an indelible part of the landscape in settings where we readily accept the gaming metaphor—sporting events are the obvious examples. But I wish to emphasize how fakery and deception can play an important role in legal interactions as well, particularly in the writing of the environmental statutes. Environmental lawyers often are fond of borrowing examples from natural history to illustrate propositions of law. There is more to this practice than habit, it seems to me, because the natural laws of evolution contain lessons in the results of competitive struggle that fit closely the experiences of legal gameplaying. [Delivered as a lecture at Florida State University College of Law, Feb. 25, 1988.

Creativity and authenticity: perspectives of creative value, utility and quality

This paper is written from the perspective of creative practitioners in sound, music and the visual arts teaching in UK higher education. Primarily concerned with the understanding of creativity as a developmental capacity and identifiable and measurable process and outcome, what began initially as a focused discussion about the assessment of creative artefacts developed progressively into a more general analysis of creative value in terms of reception and developmental experience. Recognising the impact of new technologies and the changing conceptions of creative technique and craft, collaboration and origination, and diversification of attendant interpretive meanings inherent with new artistic forms, the study is an attempt to establish a position from which pedagogic practices can be honed and refined to meet the expectations and needs of contemporary practitioners and educational contexts. The objective in any educational experience and any process of artistic creation being to enrich and to effectively inform further development steps, value is therefore a highly diverse and granular commodity, measurable on many different scales, and capable of understanding in many different ways. This is a study of considerations and perspectives and ways of understanding and working with creative value and an attempt to develop a framework through which to base creative decisions as educators and practitioners. Creativity models tend to emphasise utility and originality as the key factors in determining creative value; the wider recognition and impact of the outcomes of creative endeavour preeminent in the interpretation and attribution of quality and significance. Whilst most evident and analytically objectifiable in the study of reception and in the analysis of outcomes, creative practices and processes nevertheless feature more prominently in the interpretation of value in some fields. Whilst the products of the creative practice of artists, musicians and writers retain the centre ground in the discourse of creativity, the authentication of creative endeavour is nevertheless closely connected to the narratives surrounding the inception and development of the work and the security of the connection established between the creative object and the creative originator; the intangible and entirely conceptual matter of attribution and provenance often proving more significant than physical artefact in substantiating at least commercial value in many cases. Investigating the potential for a meaningful definition of ‘authentic creativity’, notions of novelty, ignorance, forgery, fakery, reproduction and patterning, provide a basis for consideration of creativity both as an unstable concept and in parallel as a metaphor for the human condition. Considering the discourse of authenticity and aesthetics, this paper explores different perspectives of creativity as lived experience and positions analysis in the narratives of insight, imagination, and the romanticism of discovery and talent. Introducing an analysis of creativity through a series of conceptual models to illustrate key concepts and ideas, this essay presents a discussion rooted in a context of collapsing distinctions between the natural and the artificial, the authentic and the inauthentic, the original and the copy, and develops a tentative definition of authentic creativity and creative authenticity for wider consideration. That creativity matters in education and society is widely acknowledged and appreciated. This paper argues for a greater focus on the lived experience of creativity and the significance of determining value in terms of human experience over productivity

Revelation or confirmation? The ‘fake probe’ in global health

Fakes have become a matter of concern across global health. Commissioning inquiry into presumed fake practices in global health requires both a pre-existing sense of what would constitute real provision and a suspicion that it is not being offered. In this Position Piece, we analyse the research methods being used to identify and reveal other—presumed—fakes in global health provision. We put forward the concept of the ‘second-order fake’—the fake that is used to reveal a fake—to draw attention to the methodological politics at stake in the use of the fake. By reviewing historical cases of the creation of methods of deception, we analyse the assumptions they bring into global health from other disciplines. We foreground the promises of revelation that are embedded in probes that rely on fakes to uncover fakes. We suggest that despite the growing prevalence of methods which themselves deploy fakes to find fakes, these techniques bring us no closer to understanding the lived ambiguities of everyday practices of fakery

Forgiveness in Criminal Procedure

Though forgiveness and mercy matter greatly in social life, they play fairly small roles in criminal procedure. Criminal procedure is dominated by the state, whose interests in deterring, incapacitating, and inflicting retribution leave little room for mercy. An alternative system, however, would focus more on the needs of human participants. Victim-offender mediation, sentencing discounts, and other mechanisms could encourage offenders to express remorse, victims to forgive, and communities to reintegrate and employ offenders. All of these actors could then better heal, reconcile, and get on with their lives. Forgiveness and mercy are not panaceas: not all offenders and victims would choose to take part, there are dangers of fakery and arbitrariness, and some forgiven offenders would reoffend. On the whole, however, this forgiving model offers a humane alternative to state-dominated criminal procedure

Fake

Fakes, forgery, counterfeits, hoaxes, bullshit, frauds, knock offs—such terms speak, ostensibly, to the inverse of truth or the obverse of authenticity and sincerity. But what does the modern human obsession with fabrications and frauds tell us about ourselves? And what can anthropology tell us about this obsession? This timely book is the product of the first Annual Debate of Anthropological Keywords, a collaborative project between HAU, the American Ethnological Society, and L’Homme, held each year at the American Anthropological Association Meetings. The aim of the debate is reflect critically on keywords and terms that play a pivotal and timely role in discussions of different cultures and societies, and of the relations between them. This book, with multiple authors, explodes open our common sense notions of “novelty,” “originality,” and “truth,” questioning how cultures where deception and mistrust flourish seem to produce effective, albeit opaque, forms of sociality