Colin Dayan: White Dogs on Track in Trump’s America

“Prejudice sets all logic at defiance.”
—Frederick Douglass

Since Donald Trump has brought Frederick Douglass back among the living—“an example of somebody who’s done an amazing job and is being recognized more and more”—I begin with this epigraph. Trump is illogical. Yes. Trump is prejudiced. Yes. But more than that, he might just be our consummate white supremacist. “Bad logic makes good racism,” as I wrote in The Law is a White Dog.

Trump creates a reality that flies in the face of logic. The most fantastic fictions are put forth as the most natural, the most reasonable thing in the world. These fictions endure today in a lexicon of degradation well honed and reiterated by Trump. They create the stigma that adheres to radical states of non-belonging, summoned by him in names such as “thugs” or “criminals,” “rapists” or “terrorists.” Old inequalities and racial discrimination are repackaged in unexpected forms. But these inventions succeed only because they reflect the visceral approval of Trump’s constituency.

Shock and awe: Trump’s extravagant performance of cruelty, outright racism, and rule by executive decree in apparent defiance of law has been called a “constitutional crisis,” described with such adjectives as “unprecedented,” “un-American,” or “unpatriotic.” But we should not forget that his relentless generalizing operates under cover of excessive legalism. Perhaps excess is key to his success. America has always been excessive—not least in its institutionalization of slavery and its subsequent practices of incarceration, unique in the so-called civilized world.

So let’s take a few steps back. Is his touted ban on Muslims unusual? Not at all. Is his specious argument for torture out of the ordinary? Not at all.

Trump’s ban is brutal, but let’s face it, this country boasts a long, sordid history of evacuation. Blood as menacing taint was used during the forced repatriations of Haitians described as “boat people,” “the new migrants,” the “Haitian stampede.” The forced repatriations of Haitians in 1991–92 and the effects of arguments heard by the Supreme Court in March 1993 concerning those placed in custody at Guantanamo (and later on concerning forced removals, in 1994) were not the first nor would they be the last time the US banned “refugees” from our shores. Let’s not forget that as early as 1824, when Thomas Jefferson reflected on emancipation, he asked how “the getting rid” of “people of color” could best be done? He reckoned that in Haiti one might find fit “receptacles for that race of men.”

We have a heritage in America of torture and exclusion. These practices hide behind a veneer of legitimacy just as an idealized federal Constitution long ago abetted both discrimination and inequality. And though we deplore Trump’s wayward antics as a lapse from our normally high standards of respect for human rights, we need to consider the harm that a broad consensus of this country’s citizens has time and again meted out to those considered disposable, dangerous, or unfit. Again, when we hear that Trump’s executive orders are illegal or beyond the rule of law, we need to look hard and long at this country’s history of abusive treatment and discriminatory actions, especially in its prisons and detention centers.

Trump believes that torture—specifically banned interrogation methods such as waterboarding—works. But can it ever be legal? Let’s recall how George W. Bush attempted through White House lawyers to legalize torture. The infamous “torture memos” redefined the meaning of torture and extended the limits of permissible pain. Yet, and this matters, unprecedented as they appeared at the time, they relied—in their often ingenious legal maneuvers—upon at least 30 years of court decisions which gradually eviscerated the Eighth Amendment’s prohibition of “cruel and unusual punishments.”

Bush needed the so-called “torture memos” (sounds so quaint now) to skirt the rule of law, but this new dispensation needs none of it, since Trump and his cronies have already summoned the sometimes amorphous, always definitive moralistic standards that circumvent the basic tenets of constitutional law. Depending on vague and undefined legal provisos proclaimed by the executive, this regime depends on arbitrary willfulness backed up by police power, or in the case of what Trump calls the “carnage” in Chicago, his tweeted resolve to “send in the Feds.”

Police power is state power, ostensibly activated whenever there is any supposed threat to the health, safety, or welfare of citizens. Since 9/11, the so-called war on terror has widened the net: alleged terrorists, enemy aliens, illegal immigrants, all tarred with the same brush, are easily cast outside the pale of empathy.

Terror and legality go hand in hand. They always have done. Whether we look back to the law of slavery, to the legal fiction of prisoners as slaves of the state, to legalized torture in the “war on terror,” or to the discriminatory profiling and preventive detentions that we characterize as “homeland security,” we see how our society continues to invent the phantasm of criminality, creating a new class of condemned.

The ban and the wall are not exactly new stories. “Give us your tired, your poor, your huddled masses”—unless they’re Mexicans, Central Americans, Haitians, blacks, or other undesirables. As I said, we have a long tradition in this country of excluding people of color. But more recently, we have moved on from mass deportations of illegal immigrants. As a “consequence” (in the parlance of border patrol agents) of entering the United States illegally, many tens of thousands of Latinos are regularly subjected to brutal treatment by US Customs and Border Patrol. Trump’s executive order on January 27th barring immigrants and refugees from seven Muslim-majority countries from entering the United States, supported by nearly 50% of American adults, invites bigotry and its attendant techniques of violence and repression.

Legal rituals give flesh and new life to the remains of lethal codes and penal sanctions. The stigma of slavery—and its legal machinations—has never left us. Its ghosts still haunt our law and hold us in its thrall. The difference now is that Trump incarnates in his person and his words not just prejudice, but bad logic and maleficent law. He is wanton. There’s a lot of history in this word, in its hints of depravity, effeminacy, frivolity, and excess. The term also refers to pitilessness. Glee and malice work together in the abuse of those targeted for humiliation. Trump boasts, blusters, struts, and lies. This lethal affectation is his power.

Colin Dayan is the author of The Law is a White Dog.Dayan

Ai Weiwei exhibition at Blenheim Palace: Our UK publicity assistant investigates!

Visitors can expect to experience something different this autumn at Blenheim Palace. Tradition meets modernity as the 18th century baroque architecture of Blenheim, the birthplace of wartime British Prime Minister Sir Winston Churchill, is host to an exhibition of the artwork of Chinese artist and dissident Ai Weiwei.Ai weiwei sign

This exciting exhibition is especially relevant to Princeton University Press for two reasons: not only is Blenheim Palace a stone’s throw from Princeton University Press’s European office in Woodstock, Oxfordshire, but Princeton University Press published Ai Weiwei’s ‘Little Black Book’, Weiwei-isms, last year.

Weiwei-isms is a collection of quotes demonstrating Ai Weiwei’s thoughts on key aspects of his art, politics and life, carefully selected by Larry Warsh from articles, tweets and interviews.

“Everything is art. Everything is politics.” — Weiwei-isms

Like Weiwei-isms, the exhibition at Blenheim Palace clearly demonstrates Ai Weiwei’s commitment to art as a powerful political statement, as a means of reacting against injustice, and inspiring others to do the same.

Blenheim chandelier“I want people to see their own power.” — Weiwei-isms

This certainly becomes clear as you enter the exhibition. You are given a leaflet which serves as a guide to Ai’s artwork, dispersed throughout the rooms of the palace. Despite this, none of the artwork is signposted and it becomes the visitor’s responsibility to seek it out and take meaning and inspiration from what they see.

The collection brings together pieces created by the artist over the past 30 years. It is especially impressive given that it was curated remotely, Ai Weiwei having been under house arrest since 2011. The old and new are often brought together, with artefacts from the past being reimagined in novel ways. Take, for example, the Han Dynasty vases transformed beyond recognition by car paint or by being ‘rebranded’ with the Coca Cola logo.

Blenheim zodiacHis ‘Circle of Animals/Zodiac Heads’ (2010), previously displayed at a year-long exhibition at Princeton University, is also at Blenheim. This work is an ironic interpretation of the bronze zodiac head statues that were looted from the Emperor’s summer palace (Yuan Ming Yuan) in Beijing in 1860.

Other highlights include ‘He Xie’ (2012), a work comprised of 2,300 porcelain crabs on the floor of the Red Drawing Room (‘He Xie’, meaning ‘river crabs’, puns on the Chinese phrase for ‘harmony’).

While some pieces are the first thing you see when you walk into a room, other pieces are integrated more subtly into the sumptuous interiors of Blenheim Palace. The Wave Plate (2014) is seamlessly integrated into the lavish table decoration as the centrepiece in the Salon, and a pair of handcuffs made of Huali wood (2012) – a reminder of Ai Weiwei’s current situation – placed suggestively on the bed in Churchill’s birth room might escape your attention due to the large number of visitors moving from room to room, all engrossed in the same treasure hunt as you.

Blenheim crabsAll in all, the collaboration between Blenheim Palace and Ai Weiwei really does merit a visit. Ai Weiwei’s work is all the more interesting and thought-provoking for being situated in the context of Blenheim Palace and its grounds.

The exhibition at Blenheim Palace highlights the ‘clash’ of the old and new, which is indeed something that is key to much of Ai Weiwei’s work.

“If a nation cannot face its past, it has no future.” — Weiwei-isms

In years to come, the Ai Weiwei exhibition at Blenheim Palace is sure to become part of the artist’s legacy and a poignant reminder of his struggle for justice and truth.

“The art always wins. Anything can happen to me, but the art will stay.” — Weiwei-isms

The exhibition runs until 14th December.

Jacqueline Bhaba on Child Migration and Human Rights in a Global Age [VIDEO]

Why have our governments and societies been unable to effectively address the human rights and legal problems around the growing number of children who cross borders alone every year? How do we (and how should we) apply laws and policies designed for adult migrants to children and adolescents?

Distinguished human rights and legal scholar Jacqueline Bhabha has been studying complex ethical and legal questions such as these around immigration and children’s rights for over a decade and the results of her research may surprise you. Faculti Media recently posted this video of Bhabha discussing her work and her new book Child Migration and Human Rights in a Global Age: